Telangana High Court upholds compensation to Kin irrespective of the negligence by electricity department
Telangana High Court
Telangana High Court while hearing an appeal suit, confirmed the judgment of Trial Court. While relying on the SC Judgment in case M.P. Electricity Board V/S Shal Kumar and ors. (2002). The trial court had given his judgment that electricity department are liable to pay compensation even if there was no negligence on the part of department. The case was The Chairman, APSEB, respondent V/S Smt. Razia Begum (Tel 1 of 2023). The case was presided by THE HONOURABLE SMT. JUSTICE P.SREE SUDHA.
Facts of the Case
- In this case the plaintiffs were the wife and children of the deceased person who met with an accident by stepping onto the snapped live wire of low tension line passing through the fields and sustained extensive burns and shocks and became unconscious. The deceased died while undergoing treatment.
- The counsel from the side AP State Electricity Board stated that they were careful in maintaining the lines and transmission system. They said that there was no indication of snapping of wire and it was not hanging neither on road, a cart track, a pathway nor a public space.
- They said deceased was negligent and could have avoided the direct impact.
- The trial court granted a compensation of Rs.1,88,000/- at the rate of 6% per annum . Aggrieved by the said order, the electricity department prefeered an appeal as there was no negligence on there part.
Judgment
It was further said in trial court department failed to prove that they were not at the negligence as on the incident day it was heavily raining. The court said that compensation given by the court was right and it dismissed the appeal by confirming the order of the trial court.
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JUDGEMENT REVIEWED BY NAMRATA SINGH