Authority: High Court of Gujarat, Ahmedabad

Order Date: 16 July 2026

Case Overview

  • Parties: Appellant – Paschim Gujarat Vij Company Ltd (through Deputy Engineer); Respondents – Heirs of the deceased Dipakbhai Amrabhai Bagda & others.
  • The deceased died on 30 August 2009 after contacting an electric pole; plaintiffs claimed negligence and sought Rs.10 lakh compensation.
  • Trial Court partially decreed, ordering PGVCL to pay Rs.4,37,000 with 7% per annum interest from suit filing to realization.
  • PGVCL appealed, arguing the deceased’s own negligence and contesting the compensation amount and interest rate.
  • Plaintiffs argued that PGVCL, as electricity supplier, owes strict/absolute liability for hazardous activity and must maintain safe wires.

Legal Reasoning

  • Court examined issues framed by trial court regarding entitlement to compensation, negligence of defendant, interest entitlement, and decree.
  • Relied on precedents: M.C. Mehta v. Union of India (absolute liability), H.S.E.B. v. Ram Nath (strict liability for power supply), P.G.V.C.L. v. Heirs of Chandrikaben Harpalsinh, M.P. Electricity Board v. Shailkumar, and Paschim Gujarat Vij Co. Ltd v. Jignesh Jamanbhai Gohil (2024).
  • Emphasized that electricity supply is an inherently hazardous activity; under the principle of absolute liability, the licensee is liable irrespective of any precautions taken.
  • Rejected PGVCL’s claim of the deceased’s negligence, stating the liability cannot be avoided by alleging fault on the victim.
  • Concluded that the trial court’s findings were not perverse; the appeal lacks merit.

Final Outcome

  • The first appeal is dismissed; the decree of the trial court stands.
  • PGVCL must pay Rs.4,37,000 to the plaintiffs with interest at 7% per annum from the date of filing until realization.
  • Any amount already deposited with the trial court shall be released to the plaintiffs with accrued interest.
  • The registry is directed to return the record and pleadings to the concerned court.

Topics: Liability, Compensation, Electricity Supply