Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Torts Electricity Board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Torts:Victim electrocuted by a live wire lying on road-Claim for Compensation by dependants of the victim-Electricity Board contending that the wire fell down due to illegal tapping by a stranger and hence liability is on the stranger-Rule of Strict Liability-Exception to the rule being an 'Act of a stranger'-Availability of-Held, the act of the stranger should have been reasonably anticipated or its consequences should have been prevented by the Electricity Board-Hence, the exception is not available and therefore the Electricity Board is liable to pay compensation.One J, a workman, while returning from his factory on a bicycle in the night, came into contract with a live wire, which snapped and fell down on the road due to rain. He was instantaneously electrocuted. Respondents-claimants, who are dependants of the victim, filed a suit for compensation before trial court claiming Rs. 6.9. lakhs against appellant-Electricity Board. The appellant contended that the wire fell down on the road due to the illegal pilferage of electricity committed by respondent 3 from the main supply line and hence respondent 3 is liable to pay damages to the claimants. The trial court agreed with the contention of the appellant and assessed the compensation payable to the claimants at Rs. 4.34 lakhs. However, the claimants were non-suited by the trial court on the ground that the claimants failed to prove the onus of liability. The High Court allowed the appeal of the claimants and directed the appellant to pay the compensation amount of Rs. 4.34 lakhs to the claimants. Hence this appeal. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2002 INSC 21 |
Petitioner | M.p. Electricity Board |
Respondent | Shail Kumari And Ors. |
SCR | [2002] 1 S.C.R. 164 |
Judgement Date | 2002-01-12 |
Case Number | 180 |
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