State electricity board responsible if a person dies from electrocution by a hanging electric wire - Kerala HC

CASE: The National Insurance Co. Ltd. v Narayani & Ors.

COURT: Justice MR Anitha of the Kerala High Court

The Kerala High Court held that the State Electricity Board and its employees can be held liable if a person dies from electrocution by a hanging live electric wire touching the vehicle he boarded. 

The Court said whenever there is thunder or lightning, the KSEB and its officials are bound to take precautions against dangerous situations.

FACTS:

The Court was hearing an appeal by the National Insurance Co. Ltd. against the award passed by the Principal Motor Accidents Claims Tribunal (MACT) in a plea seeking compensation for the death of one Krishnankutty. The deceased died after stepping onto a bus which was touching an electric wire hanging over the road, he was electrocuted.

The claimant sought compensation by arguing that the bus driver, KSEB and the insurer are responsible for the compensation since they had not taken precautionary measures.

The claimant approached the MACT, where MACT held that the deceased died due to negligence on the part of the bus driver and therefore directed the insurer to indemnify the insured. And hence, the present appeal.

The insurance company argued before the HC that the tribunal had only held the driver responsible even though the police charge was against the KSEB and its employees as well. Moreover, the Insurer company informed that at the time of the accident, the area was impacted by lightning, which led to the wire detaching.

HELD

The Court also went through the distinction between composite negligence and contributory negligence. The Court found that the present case is of composite negligence. Since being composite negligence, the tribunal's direction asking the insurance company to indemnify the deceased was not wrong. However, holding the driver of the bus responsible, alone for the accident, was set aside.