13-Yr-Old Electrocuted, Dies: Jammu & Kashmir High Court Invokes Absolute Liability, Grants ₹10 Lakh Compensation To Mother

Invoking the principle of absolute liability, the Jammu and Kashmir and Ladakh High Court on Wednesday granted Rs. 10 Lakh compensation to the mother of a 13 year old who died due to electrocution.A bench comprising Justice Wasim Sadiq Nargal observed that the rule of absolute liability does not obligate the claimant to prove negligence. Rather, on account of hazardous and dangerous nature of enterprise, the liability is fastened on the defaulter even when due and necessary care has been taken. "Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm anyone on account of the 'accident in the operation of such activity, the enterprise is strictly and absolutely liable to compensate those who are affected by the accident."The Petitioner-mother had sought compensation from the Electricity Department. She alleged that her son died due to the negligent acts attributable to the Department which failed to maintain electric wires, as provided under provisions of the Electricity Act and Rules framed thereunder.The Department argued that it has not committed any act which would warrant payment of compensation and the Petitioner by no stretch of imagination can claim compensation as a matter of right. It was submitted that public in general was made aware and advised time and again not to come in contact with the live wires and fiddle with the electric wires but no heed was paid and as such death occurred due to negligence on part of the Petitioner's son.Justice Nargal observed that anyone generating, transmitting, supplying or using electric energy of high voltage, which is hazardous and inherently dangerous activity is required to ensure that no such energy was transmitted or discharged unless requisite measures had been taken to prevent its uncontrolled escape, which may injure, impair or takeaway life. Pointing towards the FIR against officials of the Power Development Department, Medical Opinion and Post-mortem reports in the instant matter, Justice Nargal observed that it is evidently clear that the cause of death of the Petitioner's was electrocution, negligence of which is completely attributable to the officials of PDD, who had failed to take due care and caution in maintaining electric supply lines at proper height as per Rule 77 of Electricity Rules.While rejecting the contention of the respondents that death was caused due to negligence of the child, the Court said that the same does not appear to be reasonable and is practically impossible as It was humanly not possible to fiddle with the wires placed at a height to 15ft from ground by a minor child who was 13 years of age. Expounding on the principles of strict liability and absolute liability, squarely applicable to the matter, Justice Nargal observed that it is not necessary for the claimant to prove negligence when the above rules are in action. The claimant would become entitled to demand compensation in such cases on account of violation of fundamental rights to life and liberty guaranteed under Article 21 of the Constitution, Justice Nargal underscored. Case Title: Radha Sharma Vs State of J&K & Ors.Citation: 2023 LiveLaw (JKL) 41Coram: Justice Wasim Sadiq Nargal Click Here To Read/Download Order

13-Yr-Old Electrocuted, Dies: Jammu & Kashmir High Court Invokes Absolute Liability, Grants ₹10 Lakh Compensation To Mother

Basit Amin Makhdoomi

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