Authority: High Court of Gujarat at Ahmedabad

Order Date: 30/07/2026

Case Overview

  • Parties: Paschim Gujarat Vij Company Limited (appellant) vs. the widows of the deceased, Arjunbhai Nepali, represented by the claimants.
  • Nature of proceedings: Two First Appeals arising from Special Civil Suit No.93 of 2005 – Appeal No.9 of 2012 (by PGVCL) challenging the trial court decree and Appeal No.174 of 2011 (by claimants) seeking enhancement of compensation.
  • Background: On 1‑April‑2004, the deceased apprentice, Arjunbhai Nepali, while inspecting an electric pole for repair work, suffered electrocution and died. Claimants sought Rs 10,00,000 compensation alleging absolute negligence of PGVCL. The trial court partially decreed, awarding Rs 3,87,885 with 12% per annum interest and deducted Rs 1,18,215 as liability under the Electricity Act.
  • Submissions: PGVCL argued sole negligence of the deceased and contested the compensation amount and interest. Claimants argued that PGVCL, as a licensee engaged in a hazardous activity, bears strict/absolute liability irrespective of any alleged negligence by the deceased.
  • Legal precedents cited: M.C. Mehta v. Union of India (AIR 1987 SC 1086) establishing absolute liability; H.S.E.B. v. Ram Nath (2004 SCC 793) reiterating strict liability for power supply companies; P.G.V.C.L. v. Heirs of Chandrikaben Harpalsinh (AIR 2017 Gujarat 177); M.P. Electricity Board v. Shailkumar (2002 SCC 162); Paschim Gujarat Vij Company Ltd. v. Deceased Jignesh Jamanbhai Gohil (2024 JX(Guj) 898).
  • Court’s analysis: Recognised that electricity supply is an inherently dangerous activity, invoking the principle of absolute liability. Determined that the trial court’s deduction of EC Act liability from tort compensation was legally erroneous because the two liabilities are distinct.

Final Outcome

  • First Appeal No.9 of 2012 (PGVCL) is dismissed.
  • First Appeal No.174 of 2011 (claimants) is partly allowed: the trial court’s decree is modified to add Rs 1,18,215 to the compensation, making the total payable Rs 5,06,100. The interest component remains unchanged.
  • The court grants the PGVCL’s counsel a period of 12 weeks to deposit the enhanced compensation amount along with accrued interest.
  • Any further civil appeal, if any, stands disposed.
  • Upon deposit, the amount shall be disbursed to the claimants with interest.
  • Registry directed to return the records to the concerned court.

Topics: Liability – Absolute/Strict, Electricity Supply Compensation