Authority: High Court of Gujarat at Ahmedabad

Order Date: 10 July 2026

Case Overview

  • Parties: Appellant – Paschim Gujarat Vij Company Ltd (PGVCL); Respondents – Heirs of the deceased Rambhai Ramsibhai Lakhatrana and others.
  • The deceased, a bore‑machine operator earning Rs 5,000 per month, was electrocuted on 6 June 2001 near Vaniyavav village when a technical fault in a GEB transformer caused current leakage; he died at the Primary Health Center.
  • Plaintiffs claimed negligence of PGVCL and sought Rs 7,00,000 compensation with interest; trial court partially decreed Rs 3,41,400 with 7 % per annum interest.
  • PGVCL appealed, arguing the deceased’s self‑negligence (attempting to fix the transformer fuse) absolved it of liability and contested the quantum of compensation and interest.
  • Respondents contended that the transformer and overhead wires were under PGVCL’s control, invoking the duty to maintain safety and the principle of strict/absolute liability.

Legal Reasoning

  • The Court examined issues framed by the trial court concerning negligence, entitlement to compensation, and liability.
  • It applied the doctrine of absolute liability as articulated in M.C. Mehta v. Union of India (AIR 1987 SC 1086) and reiterated by H.S.E.B. v. Ram Nath (2004 5 SCC 793) and M.P. Electricity Board v. Shailkumar (2002 2 SCC 162), holding that an electricity supplier engaged in a hazardous activity is strictly liable for injuries irrespective of fault.
  • The Court rejected PGVCL’s argument of the deceased’s self‑negligence, noting that fixing a transformer fuse is the supplier’s responsibility and that the transformer was left open, creating the hazard.
  • Citing Paschim Gujarat Vij Company Ltd. v. Heirs of Chandrikaben Harpalsinh (AIR 2017 Guj 177) and Paschim Gujarat Vij Company Limited Thru Deputy Engineer v. L/H of Deceased Jignesh Jamanbhai Gohil (2024 JX(Guj) 898), the Court affirmed that the liability of the licensee cannot be avoided by alleging consumer negligence.

Final Outcome

  • The First Appeal is dismissed in its entirety.
  • The decree of the trial court ordering PGVCL to pay Rs 3,41,400 to the plaintiffs, together with interest at 7 % per annum from the date of filing, stands.
  • Any amount already deposited with the trial court shall be released to the plaintiffs with accrued interest.
  • No costs or further relief are granted to the appellant; the registry is directed to return the record to the trial court.

Topics: Liability, Electricity Safety, Strict Liability