Electricity Company Can't Plead Negligence By Deceased Electrocuted While Trying To Fix Fuse In Transformer: Gujarat High Court
Company is in business of selling hazardous product and is obliged to take precaution, Court said.
The Gujarat High Court has held that an electricity company cannot attribute negligence to the deceased who died while trying to fix the fuse in a transformer, as the company is in the business of hazardous product and the liability to fix the fuse also lies with the company. [2026 LiveLaw (Guj) 198]In doing so the court emphasized that no prudent person would try to fix the fuse in a...
The Gujarat High Court has held that an electricity company cannot attribute negligence to the deceased who died while trying to fix the fuse in a transformer, as the company is in the business of hazardous product and the liability to fix the fuse also lies with the company. [2026 LiveLaw (Guj) 198]
In doing so the court emphasized that no prudent person would try to fix the fuse in a transformer just to get electrocuted.
The court was hearing Paschim Gujarat Vij Company Limited's plea challenging a trial court order directing PGVCL to pay Rs.3,41,400/- with interest at the rate of 7% per annum to the kin of deceased who got electrocuted by a fused transformer while trying to fix it.
Justice JC Doshi while referring to the principle of ansolute liability as enunciated in various judgments observed.
"In the aforesaid settled principles of law, the argument of learned advocate Mr. Premal Joshi that the deceased suffered electrocution due to his own fault, as at the time of accident, he tried to fix the fuse in transformer does not survive. The PGVCL which is in business of selling hazardous product viz. Electricity, is obliged to take precaution at the time of installation and maintenance of line to see that no accident occurs or the chances are minimized. The concept of strict liability assumes its different dimension that the liability is strict upon the PGVCL.
It is to be observed that no prudent person would fix the fuse in the transformer so as to receive electrocution case. To fix the fuse in a transformer is also the liability of the PGVCL. However, the PGVCL failed to follow its liability and therefore, it cannot take defence that the deceased while fixing the fuse received current and due to self-inflicted injury, he died. It can also be seen that the transformer which is installed on the poll is required to be hermetically sealed, but here, it is a case where the transformer was kept open and which has resulted into accident"
The deceased Rambhai Ramsibhai was walking, while it was raining, when due to a technical fault in the GEB transformer near the road, he got electrocuted.
The company claimed that the deceased got electrocuted while he was trying to fix the fuse in the transformer and thus it was a case of negligence by the deceased. Meanwhile the claimants said that the negligence could be attributed to the company.
The court held that electricity transmitted through wires has potential of dangerous dimension and duty is cast upon the Electricity Company to take all safety measures to prevent escape of such electricity or to see that wires do not expose risk to human beings.
The court thus dismissed the appeal.
Case title: PASCHIM GUJARAT VIJ COMPANY LIMITED & ANR. v/s HEIRS OF DECD. RAMBHAI RAMSHIBHAI LAKHATRANA & ORS.
R/FIRST APPEAL NO. 4022 of 2012
Click Here To Read/Download Order
Appearance: MR PREMAL R JOSHI for the Appellants
MR KAUSHAL P MODI for MR ASHISH M DAGLI for Respondents
Citation: 2026 LiveLaw (Guj) 198