MEGHALAYA STATE ELECTRICITY BOARD Vs. EDENTINORA MAWTHOH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 7-12-2007 passed by a learned single judge of this Court in WP (C) No. 297/ (SH)of 2003. By this impugned judgment, the learned single Judge has awarded compensation of Rs. 3,00,000/- (Rupees Three lacs)to the writ petitioner/respondent No. 1 on account of her son sustaining burn injuries due to electrocution. While awarding the compensation, the learned single Judge apportioned the compensation between the department of Urban Affairs, State of meghalaya and Meghalaya State Electricity board at equal ratio. So far as the State department is concerned, it has accepted the award and the judgment has not been assailed. However, the Electricity Board is aggrieved by the apportionment of the compensation. Hence, this appeal at the instance of the Meghalaya State Electricity Board (briefly "meseb" ).

(2.) WE have heard Shri K. S. Kynjing, learned senior counsel for the appellant. The principal respondent No. 1/writ petitioner was represented by Shri S. Chakravarty, learned counsel, whereas the State respondents were represented by Shri N. D. Chullai, learned senior Government Advocate.

(3.) THE sole question raised in this writ appeal is as to whether Meseb is liable to pay any part of the compensation on the doctrine of "strict liability" ? According to the learned senior counsel for the appellant, the function of the Electricity Board is only to generate, transmit and distribute power and it cannot be held liable for any incident or accident that may happen without there being any fault in the transmission or the power line. In support of this submission, the learned senior counsel for the appellant relied upon the judgment of the Hon'ble supreme Court rendered in the case of M. P. Electricity Board v. Shail Kumar, reported in 2002 AIR SCW 129 : (AIR 2002 SC 551)and the judgment rendered in the case of w. B. State Electricity Board v. Sachin banerjee, reported in AIR 2000 SC 3629. The learned senior counsel also pressed into service the judgment of Gauhati High Court given in the case of State of Manipur v. Hurilung Kamei, reported in 2007 (4) GLT 342 : (AIR 2007 (NOC) (Gau) 1925 ).