Power Company Can't Claim Negligence By Deceased Who Died After Coming In Contact With Hanging Live Wire: Gujarat High Court

The Gujarat High Court dismissed an appeal by power company Paschim Gujarat Vij Co Ltd challenging trial court order granting compensation to the kin of a man who died on spot after coming in contact with a live wire while he was walking over a lake embankment. In doing so the court held that the company cant claim negligence by the deceased specially when its own live wires were hanging loose and at a lower height that it came in contact with the deceased as he was walking past. Justice JC Doshi referred to Supreme Court's decision in M.C. Mehta v/s. Union of India (1987) where it had extended principles of strict liability involved in case of Rylands v. Fletcher and held it to be absolute liability. The court said that in MC Mehta the claim for compensation was sought on behalf of persons who had suffered consequent to escape of oleum gas from the units of Sriram Foods & Fertilizers Industries. The court also referred to high court's order in PGVCL v/s. Heirs of Chandrikaben Harpalsinh (2017) and said, "In view of above and in extension of principles of strict liability or absolute liability, the PGVCL would not be at privilege to claim negligence of the deceased, more particularly, when the fact suggests that live wire is hanging loose enough and was on lower height to come in contact with the person passing through the age of the lake of village Bharasar. Thus, the present First Appeal requires fate of only dismissal".The court was hearing an appeal by Paschim Gujarat Vij Co Ltd (PGVCL) against a judgment dated 13.11.2006 passed by the learned 4th Addl. Senior Civil Judge, Bhuj, directing the company to pay Rs.3,38,000 with interest at the rate of 9% per annum from the date of filing of the suit till realization for the death of Abdul Hasam.The suit was originally filed by parents of Abdul Hasam, who was working as a daily wage plumber and was the sole bread-earner of the family. On 6.12.2001, when the deceased was passing over the embankment of Khaliya lake situated at village Bharasar, he came in contact with the live wire of the PGVCL and died on the spot. Alleging negligence by the company the deceased's parents sought compensation of Rs.5,62,000 with interest.The company argued that the deceased was negligent and had he taken proper care, the mishap would have been avoided. It was submitted that the trial Court has committed serious error in deciding the issue of negligence against the PGVCL.The court dismissed the appeal.Case title: PASCHIM GUJARAT VIJ.CO.LTD v/s HASAM MAMAD SAMA & ANR.R/FIRST APPEAL NO. 3505 of 2007Click Here To Read/Download Order

Power Company Can't Claim Negligence By Deceased Who Died After Coming In Contact With Hanging Live Wire: Gujarat High Court

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