‘Can’t blame victim’: Gujarat High Court slams power utility over ‘loose live wire’ that killed man, upholds Rs 3.3 lakh relief
Gujarat High Court held PGVCL strictly liable for a villager’s electrocution death caused by a low-hanging live wire and dismissed the power utility’s appeal.
Gujarat High Court news: Finding negligence on the part of the power utility, the Gujarat High Court dismissed an appeal by Paschim Gujarat Vij Company Limited (PGVCL) challenging the direction of a trial court that awarded a compensation of Rs 3.38 lakh to the family of a villager who died by electrocution in Bharasar 24 years ago.
Justice J C Doshi was hearing PGVCL’s plea challenging the trial court’s findings, and blamed the deceased for being negligent and causing the accident.
The court ruled that PGVCL cannot attribute negligence to the deceased.
In its March 10 order, the Gujarat High Court held that the power utility was strictly liable and could not shift the blame onto the deceased, noting the oversight of a live wire left hanging at a dangerously low height, posing a risk to villagers passing by.
Findings
The live wire was hanging loose and was at a lower height to come in contact with the person passing through the area in Bharasar village.
The deceased, while walking past the pond situated in the village, came in contact with the hanging live electric wire and died of electrocution.
The plaintiffs are entitled to the relief of Rs 3,38,000 ordered by the trial court, along with interest at the rate of 9 per cent per annum from the date of filing the suit.
Applying the principles of strict and absolute liability, PGVCL cannot attribute negligence to the deceased.
Referring to the panchnama, PGVCL’s counsel advocate R V Acharya argued that it is a clear case of negligence on the part of the deceased and the accident could have been avoided if he had taken proper care.
She argued that the trial court committed a serious error in finding negligence against PGVCL.
Upon the above submissions, she prayed that this first appeal be allowed.
Precedents
The court reiterated the extension of the principle of absolute liability in HSEB v. Ram Nath (2004), a case where liability was sought to be disowned by the power supply company, by contending that the unauthorised structure near the electric line had contributed to the accident.
Citing MP Electricity Board v. Shailkumar and Ors, the court observed that once the “principle of strict liability” is attributed, the liability would be incurred irrespective of whether the precautions were taken.
Death on the spot
The plaintiffs are parents of the deceased Abdul Hasam.
The deceased was employed as a plumber on a daily wage of Rs 150 and was the family’s sole breadwinner.
On December 6, 2001, when the deceased was passing near a water body situated in Bharasar village, he came in contact with the live wire of PGVCL and died on the spot.
The plaintiffs alleged absolute negligence on the part of the company and prayed for compensation of Rs 5,62,000 for their son, with interest.
The trial court directed PGVCL to pay Rs 3,38,000, with interest at 9 per cent per annum from the date of filing of the suit until realisation, in respect of the death of Abdul Hasam.
Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.
She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.
Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.
Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More
The court ruled that PGVCL cannot attribute negligence to the deceased.
