HC orders TPNODL to pay Rs 2L interim compensation in electrocution mishap

Time of India

2 days ago

Cuttack: Orissa high court on Monday directed electricity distribution company TP Northern Odisha Distribution Limited (TPNODL) to pay Rs 2 lakh as interim compensation to a woman whose husband died after coming in contact with a live electric wire in 2007.
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The court held the company strictly liable for the mishap under the principle of strict liability. The court said under strict liability, entities undertaking hazardous activities are responsible for any resulting harm, irrespective of negligence.
The order was passed by Justice Aditya Kumar Mohapatra while considering a petition filed by Umamani Nayak in 2008. She had sought Rs 2 lakh as compensation along with 12% annual interest for the death of her husband, Sanatan Nayak, due to alleged negligence by the power utility.
According to the petition, the incident took place on July 6, 2007, near Sergarh under Khantapada police station limits in Balasore district. Sanatan, 54, a daily-wage labourer, was on his way to the market when he stepped into a water puddle that had become live due to a snapped L.T. (low-tension) wire lying in it. Though he was rushed to the district headquarters hospital, Balasore, he died the same evening.
Observing that the distribution company had a statutory responsibility to ensure safety in electricity supply, Justice Mohapatra in the July 28 order said, "As the death was caused due to electrocution by coming in contact with a snapped L.T.
line electric wire lying on the road... the Court is of the considered view that by application of the principle of strict liability, the Distribution Company is strictly liable for the death.
"
The petitioner's counsel had referred to the Odisha Electricity Regulatory Commission (OERC) Compensation to Victims of Electrical Accidents Regulations, 2020, which fixes Rs 4 lakh as compensation for loss of human life.
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However, the court noted that the regulation cannot be applied retrospectively as the incident took place in 2007.
Accordingly, keeping in view the regulation and the compensation amount sought in the petition, the Justice Mohapatra directed the distribution company to pay an interim compensation of Rs 2 lakh to the petitioner within a period of two months along with interest @8% from the date the incident took place till payment of such amount.
"In the event the payment is made after expiry of the aforesaid time stipulation, the compensation amount shall carry interest @12% till the date of actual payment is made", Justice Mohapatra specified, adding, "Further, liberty is granted to the petitioner to pursue other suitable remedies in the common law forum for higher compensation, if so advised."