KERALA STATE ELECTRICITY BOARD Vs. ANTONY MARKOSE

JUDGEMENT

(1.) THIS appeal by the Kerala State Electricity Board is against a decree granted in a suit for compensation on account of electrocution.

(2.) THE incident stands proved by the material evidence on record. There is no contra evidence on the side of Kerala State Electricity Board. The live electric line was hanging over the building where the deceased Martin was cleaning the terrace. Obviously, there was no proper maintenance of the line. Resultantly, Martin came in contact with that line and died. We see that the impugned judgment on the question of negligence has necessarily to stand applying the doctrine of strict liability as enunciated by the Apex Court and this Court in W.B. SEB v. Sachin Banerjee [ : (1999) 9 SCC 21], M.P. Electricity Board v. Shail Kumari [ : (2002) 2 SCC 162] and Varghese and another v. K.S.E.B. [ : ILR 2013 (2) Ker. 99].