Gujarat High Court: In a civil appeal filed against the judgment dated 22-11-2011 passed by the Principal Senior Civil Judge, Kutch-Bhuj, whereby Paschim Gujarat Vij were directed to pay Rs 6,25,000 as compensation for death caused by electrocution by live wires, A Single Judge Bench of Hemant M. Prachchhak*, J, opined that it was the duty of the electric board to make sure that no live wires were left hanging from trees. He also stated that it was the negligence on part of the electricity board that led to the untimely death of the young boy.
Background
The instant appeal stems from a civil suit filed by the respondents against Paschim Gujarat Vij, the appellant. The trial court had partly allowed the suit and directed the appellant to pay Rs 6,25,000 with 9 per cent interest as compensation.
The respondents’ son had died by electrocution due to live wires passing through trees. The respondents had filed a suit for recovery of compensation on account of the untimely death of their son caused by the negligence of the appellants.
In the instant appeal, the appellants contended that there was no negligence on the part of the appellants, and the deceased should have been reasonably vigilant while going close to live electric wires. The appellants also contended that on the grounds of contributory negligence, the trial court should not have granted such a huge amount by way of compensation.
The appellants also contended that the trial court had erred in concluding that the deceased was 18 years old at the time of his death and was earning Rs 4500 per month.
Analysis, Law and Decision
The Court had framed two questions for consideration:
- Whether the trial court had committed any error while passing the impugned judgment and order, and
-
Whether the impugned judgement and order passed by the trial court is perverse and illegal in the eyes of the law
The Court stated that the reasons recorded by the trial court in holding the appellant liable were just and proper. With regards to the monthly earnings of the deceased, the Court noted that the trial court had taken into consideration that the deceased had been earning Rs 200 per day, which amounts to Rs 6000 per month. Accordingly, the Court opined that the trial court had not committed any error in passing the impugned judgment and order, and the said judgment and order were not perverse or illegal in the eyes of the law.
The Court had further noted that it was the duty of the electric board to ensure that the electric wires did not touch the trees. In the instant case, the wires were bent from the center and hung near the ground, touching the trees. Negligence was on the part of the appellant and not the deceased, since the appellant should have taken appropriate steps to avoid such an accident.
Accordingly, the Court held the appeal to be devoid of any merit and dismissed the same.
[Paschim Gujarat Vij Co. Ltd. v. Mithaubhai Nageshi Maheshwari, R/ First Appeal No. 470 of 2012, decided on 17-6-2025]
Order by: Justice Hemant M. Prachchhak
Advocates who appeared in this case :
For the Appellant: SP Hasurkar, Advocate
For the Respondent: Kirtidev R Dave, Rahul K Dave, Advocate
