Authority: High Court of Gujarat, Ahmedabad

Order Date: 16/07/2026

Case Overview

  • Parties: Paschim Gujarat Vij Company Limited (PGVCL) as appellant; Bhikhabhai Chaganbhai Bakhars (plaintiff) a farmer residing in Mendarda.
  • Nature of proceedings: First Appeal under Section 96 of the Code of Civil Procedure, 1908 against judgment and decree dated 14‑Sep‑2012 passed by the 2nd Additional Senior Civil Judge, Junagadh.
  • Background: On 24‑Nov‑1998 the plaintiff, while walking near a transformer, came into contact with an earthing wire lying on the ground, suffered electrocution, serious injuries and permanent total disability. Plaintiff claimed compensation of Rs 10,00,000 for his son; trial court awarded Rs 6,10,000 with 6% per annum interest from filing date.
  • Plaintiff’s contention: Defendant (PGVCL) had exclusive control over the wires and was duty‑bound to install, maintain and ensure safety measures; negligence and willful default caused the accident.
  • Defendant’s contention: Plaintiff was negligent; alleged lack of documentary proof of income; claimed disability assessment was excessive; argued trial court erred in attributing liability.
  • Issues framed by trial court (Exh.13):

1. Whether defendant’s negligence caused electrocution and permanent disability.

2. Whether plaintiff proved treatment and physical damage.

3. Whether plaintiff proved income and means.

4. Whether plaintiff is entitled to compensation and amount.

5. What order and decree to pass.

  • Court’s analysis: Applied principles of strict/absolute liability as established in M.C. Mehta v. Union of India (AIR 1987 SC 1086), H.S.E.B. v. Ram Nath (2004 SCC 793), and subsequent Gujarat High Court judgments. Emphasised that electricity supply is an inherently hazardous activity; licensee (PGVCL) bears absolute liability irrespective of fault. Noted failure to obtain required permission before energising the line and improper placement of earthing wire.

Final Outcome

  • The First Appeal is dismissed; the decree of the trial court stands.
  • PGVCL is ordered to pay the plaintiff Rs 6,10,000 plus interest at 6% per annum from the date of filing of the suit until realization.
  • The decree shall be drawn accordingly; any amount already deposited with the trial court shall be disbursed to the plaintiff with accrued interest.
  • Registry directed to return any records and papers to the concerned court.

Topics: Liability, Electricity Supply