OMPRAKASH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petition is by the father of the deceased Ravindra Kumar Sahu, who met with a fatal accident and died due to electrocution while performing his duties of maintenance and repairs of the electric lines. The allegation is that the incident occurred due to fauly electricity-line erected by respondent no.2/CSPDCL, consequently the son of petitioner aged about 24 years sustained electric shock and succumbed to it.

(2.) As per the indisputable averments of the petition, son of petitioner was entrusted with the task of maintenance and repairs of solar power plant established by CREDA/ respondents 3 & 4 on 13/8/2019 on a remuneration of Rs.10,660.00 per month. While the petitioner's son was engaged in the task of replacing the defective bulb in the solar powered panels, unfortunately he came in contact with a live electricity wire, which was running very close to the solar powered pole and sustained fatal injuries due to electrocution which eventually led to his death.

(3.) In the instant petition, compensation has been claimed. It is contended on behalf of the petitioner that the respondents under the rules were duty bound to conduct the periodical inspection of the electric lines, poles, transformers etc., maintained by them and to take care of the safety measures to prevent the accidents. These provisions relating to safety and security are not followed by the Board. It is further submitted irrespective of whether death was caused due to negligence on the part of the respondent-Board, principles of strict liability are applicable as the respondents carry on hazardous and dangerous activity. Consequently the loss of life is required to be compensated by the respondents without any enquiry into tortious liability of the Board under the ordinary law.