Court rules contributory negligence by plaintiff's family in the construction under high tension wires; maintains reduced compensation of Rs. 10 lakhs.
In a significant judgment, the Punjab and Haryana High Court upheld the decision to reduce compensation for a plaintiff who suffered 100% permanent disability due to electrocution. The court maintained that contributory negligence by the plaintiff's family, who constructed a building under high voltage electricity wires without prior permission, justified the reduction in compensation from Rs. 20 lakhs to Rs. 10 lakhs.
The incident occurred when Master Sahil, a five-year-old child at the time, was electrocuted while flying a kite on his grandfather's rooftop in Pathankot. The high tension wire, installed by the Punjab State Electricity Board (PSEB), was situated close to the residential area. Initially, a trial court awarded Rs. 20 lakhs in compensation to the plaintiff. However, upon appeal, the Additional District Judge of Gurdaspur reduced the amount, citing contributory negligence.
The High Court, presided by Justice Ms. Nidhi Gupta, upheld this decision, emphasizing that the family had breached Rule 82 of the Indian Electricity Rules, which mandates prior notice and permission for constructions near high voltage lines. The court highlighted that the negligence was not solely on the part of the PSEB, as the family had not sought necessary permissions before constructing under the wires.
In its judgment, the court referred to a precedent case, "Saladi Veera Veni v. A.P. Eastern Power Distribution Corporation Ltd.," stressing the need to establish negligence on both sides before awarding compensation. The High Court also pointed out that the family failed to alert the authorities about the danger, despite a previous incident involving Sahil's grandmother.
The court remarked that citizens must bear responsibility for their actions and cannot shift the entire blame to state authorities. The ruling underscores the legal requirement for individuals to be vigilant and proactive in ensuring their safety and adhering to established regulations.
Bottom Line:
Compensation - High voltage electricity wires installed by authorities - Negligence by plaintiff's family in raising construction under high voltage wires without permission - Contributory negligence considered - Reduction in compensation awarded by appellate court upheld.
Statutory provision(s): Rule 82 of the Indian Electricity Rules
