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Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): K. T. Thomas, S. N. Phukan , JJ

Electricity Act (9 of 1910) , S.19— Compensation for damage - Electrocution by live wire lying on road - Liability to pay damages - Is primarily that of Electricity Board - Defence that electrocution was due to clandestine Pillferage committed by stranger - Not available to Board. Torts - Damages - Strict liability rule - Exception of "Act of stranger" - Not available to electricity Board in cases of electrocution.AIR 2000 SC 3629(1) held per incuriam. The responsibility to supply electric energy in the particular locality is statutorily conferred on the Electricity Board. If the energy so transmitted causes injury or death of a human being, who gets unknowingly trapped into it the primary liability to compensate the sufferer is that of the supplier of the electric energy. So long as the voltage of electricity transmitted through the wires is potentially of dangerous dimension the managers of its supply have the added duty to take all safety measures to prevent escape of such energy or to see that the wrie snapped would not remain live on the road as users of such road would be under peril. It is no defence on the part of the management of the Board that somebody committed mischief by siphoning such energy to his private property and that the electrocution was from such diverted line. It is the look out of the managers of the supply system to ....