Chhattisgarh High Court upholds ₹10.3 lakh compensation for electrocution victim's kin

The Chhattisgarh High Court recently upheld a trial court order directing the Chhattisgarh State Power Distribution Company Limited (CSPDCL) to pay ₹10.37 lakhs as compensation to the family of a woman who died due to electrocution while switching off a water pump at home [Chhattisgarh Rajya Vidhyut Vitaran Company & Anr. v. State Of Chhattisgarh & Ors.].The Bench comprising Justices Rajani Dubey and Sanjay Kumar Jaiswal stated that, considering the deceased's job, age, number of dependents, and previous Supreme Court decisions, the compensation awarded by the trial court was fair and appropriate. “The amount so awarded by the learned trial Court cannot be termed as excessive or exorbitant; rather, it appears to be a just and proper compensation in the given facts and circumstances of the case,” the High Court said..Referring to the precedent set in M.P. Electricity Board v. Shail Kumari, the Court also reiterated the principle of strict liability, holding that organizations engaged in hazardous activities are accountable for harm caused, regardless of fault or negligence..The case arose from a incident in December 2017, when Pancho Bai Yadav died due to electrocution after contact with a borewell pump switch at her home. Her family filed a civil suit seeking ₹11 lakh as compensation, alleging negligence by CSPDCL in maintaining electrical infrastructure. The State power entities responded by arguing that the woman had died due to her own negligence. They pointed out that the switch was fixed at a place having excessive dampness and that there was no earthing connection. There was also no earthing in the internal wiring of the home. .The trial court, after evaluating the evidence, found the Chhattisgarh Rajya Vidhyut Vitaran company and the Chhattisgarh Rajya Mandal Board, jointly and severally liable, awarding ₹10,37,680 to the family along with 9 per cent annual interest from the date of the incident.The trial court concluded that the electrocution resulted from an electrical fault caused by inadequate earthing, for which the electricity board was responsible. The court determined that the deceased was not at fault.This was challenged before the High Court by the State power entities (appellants), who argued that CSPDCL was not responsible for internal wiring faults within the house of the deceased. They also challenged the compensation awarded as exorbitant..However, the High Court upheld the trial court's findings, affirming that the compensation was reasonably assessed and not excessive. The Court noted that the evidence clearly showed that the appellants failed to prove any negligence by the deceased or her family.“This Court finds no illegality or infirmity in the findings recorded by the learned trial court holding that the appellants/defendants No. 1 & 2 liable for paying compensation to respondents No. 2 to 10/plaintiffs against death of Smt. Pancho Bai due to electrocution,” the Court concluded..Accordingly, the High Court dismissed the appeal and upheld the trial court order awarding compensation to the deceased woman's family. .Advocate Raja Sharma appeared for the appellants. Panel advocate Sachhidanand Yadav represented the State of Chhattisgarh while advocate BL Sahu represented the respondents (deceased woman's family)..[Read order]