Patna High Court - Orders
Sita Devi vs North Bihar Power Distribution Company ... on 4 September, 2023
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16522 of 2022
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Sita Devi Wife of Late Manjay Majhi Resident of Village and Post- Jaitepur,
P.S.- Lalganj, District- Vaishali.
... ... Petitioner/s
Versus
1. North Bihar Power Distribution Company Limited 3rd floor, Vidhut
Bhawan, Baily road, Patna through Managing Director.
2. Chief Engineer, Electric Supply Division, North Bihar Power Distribution
Company Limited, (NBPDCL), Muzaffarpur.
3. Executive Engineer, Electrical, Electric Supply Division, NBPDCL, Mahua,
Vaishali.
4. Assistant Engineer, Electric Supply Sub-division, NBPDCL Lalganj,
Vaishali.
5. Junior Engineer, Electric Supply Sub-division, NBPDCL, Lalganj, Vaishali.
6. The State of Bihar Bihar.
7. The Collector, Vaishali.
8. S.P., Vaishali.
9. SHO, Lalganj police station, Lalganj, Vaishali.
10. Officer-in-Charge, Lalganj police station
11. The investigating officer of U.D, case no 03/2018.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the Respondent/s : Mr.Vinay Kirti Singh
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 04-09-2023The learned counsel appearing for the Respondent-State has filed a counter affidavit, wherein in paragraph no. 7, it has been stated that the incident of electrocution of the husband of the petitioner on 12.06.2018 and his subsequent death has been found to be true by the police, upon detailed investigation having been conducted by the police officials of the Lalganj Patna High Court CWJC No.16522 of 2022(4) dt.04-09-2023 2/3 police station and a final form dated 20.7.2023 has also been submitted to the said effect.
2. Thus it is an admitted fact that the husband of the petitioner has died on account of being electrocuted due to coming into contact with 11 K.V. electricity line of the Respondent-Company. Nonetheless, this Court finds that the case in hand is squarely covered by the various judgments, rendered by the Hon'ble Apex Court in the cases of Parvati Devi & Others vs. Commissioner of Police, Delhi & Others, reported in (2000) 3 SCC 754, M.P. Electricity Board vs. Shail Kumari & Others, reported in (2002) 2 SCC 162, Tamil Nadu Electricity Board vs. Sumathi & Others, reported in (2000) 4 SCC 543 and Raman vs. Uttar Haryana Bijli Vitran Nigam Ltd. & Others, reported in (2014) 15 SCC 1.
3. Despite the aforesaid judgments, rendered by the Hon'ble Apex Court, being law of the land by, virtue of Article 141 of the Constitution of India, the Respondent-Company is not ready to pay compensation on the pretext that there was no negligence on the part of the Respondent-Company, as far as the incident of death of the husband of the petitioner on 12.6.2018, due to electrocution, is concerned. However, this Court finds that the Hon'ble Apex Court has succinctly held that even in cases Patna High Court CWJC No.16522 of 2022(4) dt.04-09-2023 3/3 where all safety measures have been taken by the Electricity Company, still it would be liable under law of torts to compensate for the injury suffered by any person, irrespective of any negligence or carelessness on the part of the Managers of such undertakings, especially since such Electricity Companies undertake an activity involving hazardous or risky exposure to human life, hence, the liability cast on such electricity companies is the one which is known in law as "strict liability".
4. Having regard to the aforesaid aspect of the matter, the CMD, Bihar State Power Holding Company, Patna and the Managing Director, North Bihar Power Distribution Company Limited, Bihar, Patna are put to notice to explain before this Court as to under what circumstances they have disobeyed the law laid down by the Hon'ble Apex Court, in the aforesaid cases, and to the said effect, they would file their personal affidavit within a period of four days from today, failing which this Court may be constrained to initiate appropriate proceedings for creating impediments in the administration of justice.
5. List this case on 11.9.2023 at 10:30 am.
(Mohit Kumar Shah, J) Ajay/-
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