CHHATTISGARH STATE ELECTRICITY BOARD Vs. TERAS BAI

JUDGEMENT

(1.) THE appellant Chhattisgarh State Electricity Board (henceforth "the Board") is aggrieved by the Judgment dated 02-08-2007 passed by the District Judge, Bilaspur in Civil Suit No. 02-B/2006 whereby in a case of death of a labourer-Shivkumar Dhruv on 15-08-2005 due to electrocution as a result of siphoning of the electricity to his field by clandestine pilferage committed by respondent No. 5-Samaru Lal Lasre, damages of Rs. 1,75,000/- against the appellant/Board were awarded to the respondents No. 1 to 4 being the widow and three minor children of the deceased.

(2.) THE only point urged by Shri R.S. Patel, learned Counsel for the appellant/Board in this appeal is that there is no evidence on record to show that death of Shivkumar Dhruv occurred due to any negligence on the part of the Board in maintaining electricity supply lines. It was contended that as admitted by Smt. Teras Bai, the widow of the deceased, due to a heavy rainfall and storm occurring a day prior to the incident, the bamboos on which the two kilometer long illegal connection taken by Samaru Lal Lasre was supported, had fallen due to which the live wire of illegal connection had become exposed. It was thus solely due to the negligence of Samaru Lal Lasre that death of Shivkumar had occurred. Since, no negligence on the part of the appellant/Board was proved, the liability to pay compensation ought to have been fastened on respondent No. 5-Samaru Lal Lasre alone and not on the Board. Reliance was placed on SDO, Grid Corporation of Orissa Ltd. and Ors. v. Timudu Oram : AIR2005SC3971 .

(3.) THE doctrine of strict liability has its origin in English Common Law when it was propounded in the celebrated case of Rylands v. Fletcher 1868 (3) LRHL 330, Blackburn J., the author of the said rule had observed thus in the said decision: