AIR 2009 ALLAHABAD 56 ::2009 (1) All LJ NOC 1 ::2009 (1) ALJ 1 ::2009 (3) AKAR (NOC) 455 (ALL) ::2009 (3) AKAR (NOC) 455 (ALL.) ::2009 A I H C 764 ::(2010) 4 ACC 287 ::(2010) 1 ACC 34 ::(2008) 105 RevDec 174 ::(2010) 2 ACJ 1282 ::2009 (74) All LR 220 ::2009 (1) All WC 421

Allahabad High Court

Hon'ble Judge(s): Amitava Lala, A. P. Sahi , JJ

(A) Torts — Negligence — Suit for damages — Death of Elephant due to electrocution while walking on road — Principle of strict liability applies — Power Corporation liable to pay compensation/damages {" If the enterprise is permitted to carry on a hazardous or inherently dangerous activity for its profit or for earning revenue, the law must presume that such permission is conditional on enterprise absorbing cost of any accident arising on account of such activity as an appropriate items of its overheads. However, since electrocution, being part of activity of Power Corporation, caused such death, no differentiation can be made in respect of such liability of the authority. The question of strict liability is inbuilt under law to avoid any accident, if not, by other measures. Where death of Elephant was caused by coming in contact with high voltage open were of electricity hanging on road, the Power Corporation cannot avoid the liability to pay compensation to the owner of the Elephant. "}