KERALA STATE ELECTRICITY BOARD Vs. K.E. OMANA

JUDGEMENT

(1.) THIS appeal is filed by the Kerala State Electricity Board, for short, 'Board', as against a decree for compensation on account of electrocution, with an application seeking condonation of delay of 567 days.

(2.) NOTWITHSTANDING the fact that we are not satisfied that sufficient cause has been shown to condone the delay, we have looked into the merits of the appeal as well. The alleged electrocution is admitted. Board set up the defence that the electric line broke down due to heavy rain and wind and a plantain had fallen over the electric line which was passing through the property of the deceased resulting in a short circuit. Obviously, the Board dealing with the dangerous substance, electricity, is bound by the doctrine of strict liability on the facts and circumstances of this case. See for support, 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]. Hence, finding of negligence stands.

(3.) ON the totality of the facts and circumstances, we see no ground to interfere with the quantum of compensation fixed. Hence, the appeal fails.