Youth electrocuted,discom asked to pay up

“BSES cannot escape its liability if an accident is caused due to the theft of electricity from its lines. The doctrine of strict liability is applicable in the present case and BSES Yamuna is to be held liable for the death of Shaban Ali,” Administrative Civil Judge Anil Kumar said in a recent order.

The court said the distribution of power and collection of dues were not the discoms’ only functions,they also had to take all the required steps to ensure there is no pilferage of electricity and that such mishaps do not occur.

“Even assuming that all such measures have been adopted,a person undertaking an activity involving hazardous or risky exposure to human life,is liable under law of torts to compensate for the injury suffered by any other person,irrespective of any negligence or carelessness and the basis of such liability is the foreseeable risk inherent in the very nature of such activity,” the judge said,citing a 2002 Supreme Court judgment.

Ali died on the morning of June 26,2003 after he came in contact with a snapped live wire hanging from the main line near Harsh Vihar in Northeast Delhi. His parents,Niyaz Ali and Momina Begum,subsequently filed a civil suit seeking Rs 3 lakh in damages from BSES Yamuna,which distributes power in the area.

In reply to a petition alleging gross negligence on the part of BSES,the discom officials contended that the place where the victim died was not electrified and they had no complaints regarding electricity theft from that area. As per their submissions,they could not be held liable for deaths caused due to electrocution when they had not supplied electricity in the concerned area at all.

ACJ Kumar,however,relied upon the apex court judgement settling the law on the point and observed that it was no defence on the part of the management or the Board that somebody committed mischief by siphoning power and that the electrocution was a result of such a diverted line. “The managers of the supply system must prevent such pilferage by installing necessary devices,” he said.

The court then asked BSES to pay the compensation to the parents of the deceased along with an interest of 6 per cent on account of the negligence that led to the mishap.

Liability vis-à-vis electrocution
A death caused due to electrocution,owing to gross negligence by a company or a private person,invites the principle of strict liability against the guilty party. Such fatalities,in houses due to faulty equipment or at construction sites or elsewhere,are considered “wrongful or tortious deaths”,caused due to “wrongful acts” of someone who is obligated to take due care and caution in order to avert any mishap.

In such cases,the mere reproduction of facts by victims is sufficient to constitute a cause for action and the other party will then have to rebut the contentions,for the latter was in control of the situation and refrained from acting as per standards.

While the application of the tortious provision is yet to gain momentum in India,countries like the USA and UK have specific provisions.