Case: M.P. Electricity Board Vs. Shail Kumari

3. One Jogendra Singh, a workman is a factory, aged 37, was riding on a bicycle on the night of 23.8.1997 while returning from his factory, without any premonition of the impending disaster awaiting himThe disaster was lying on the road in the form of a live electric wire. There was rain and hence the road was partially inundated with water. The cyclist did not notice the live wire on the road and hence he rode the vehicle over the wire which twitched and snatched him and he was instantaneously electrocuted. He fell down and died within minutes.4. When the action was brought by his widow and minor son, nobody disputed the fact that Jogendra Singh died at the place and at the time mentioned by the claimants. Nor has it been disputed that he was electrocuted by the live wire lying on the road. The main contention advanced by the appellant Board is that one Hari Gaikwad (third respondent) had taken a wire from the main supply line in order to siphon the energy for his own use and the said act of pilferage was done clandestinely without even the notice of the Board; and that the line got unfastened from the hook and it fell on the road over which the cycle ridden by the deceased slided resulting in the instantaneous electrocution.5. Third respondent disclaimed any liability, repudiated the allegation of pilferage of electric energy and disowned having taken the line from the main supply wire which became the death trap of Jogendra Singh.6. The compensation claim was in a sum of Rs. 6.9 lacs. The trial court assessed the compensation amount to which the claimants are entitled as Rs. 4.34 lacs. But the claimants wereby the trial court solely on the premise that the claimants "failed to prove who was liable for the above compensation". A Division Bench of the High Court of Madhya Pradesh allowed the appeal filed by the claimants and directed the Board to pay the compensation amount of Rs. 4.34 lacs to the claimants. The Division Bench reached the said conclusion on the followingMPEB has stated in paragraph No.5 of the document Ex. P/6 that it has kept staff to see that no pilferage of electricity takes place and it had no knowledge about this pilferage of electricity line by Hari Gaikwad. Therefore, it becomes clear that the electricity supply line was moving in that part of the area out of which the wire was hanging, may be or may not be put by Hari Gaikwad, put it was live electricity wire and when the deceased came in contact with it he died of electrocution. Therefore, the defences put up by the MPEB are absolutely without any basis and do not reflect the real position at the spot, rather attempt has been made to conceal the real position in order to avoid responsibility and liability for payment of compensation".

Court's reasoning:
13. In the present case, the Board made an endeavour to rely on the exception to the rule of strict liability (Rylands vs. Fletcher) being "an act of stranger". The said exception is not available to the Board as the act attributed to the third respondent should reasonably have been anticipated or at any rate its consequences should have been prevented by theIn Northwestern Utilities, Limited vs. London Guarantee and Accident Company, Limited (1936 Appeal Cases 108), the Privy Council repelled the contention of the defendant based on the aforecited exception. In that case a hotel belonging to the plaintiffs was destroyed in a fire caused by the escape and ignition of natural gas. The gas had percolated into the hotel basement from a fractured welded joint in an intermediate pressure main situated below the street level and belonging to the defendants which was a public utility company. The fracture was caused during the construction involving underground work by a third party. The Privy Council held that the risk involved in the operation undertaken by the defendant was so great that a high degree care was expected of him since the defendant ought to have appreciated the possibility of such a leakage.14. The Privy Council has observed in Quebec Railway, Light Heat and Power Company Limited vs. Vandry and ors. (1920 Law Reports Appeal Cases 6621) that the company supplying electricity is liable for the damage without proof that they had been negligent. Even the defence that the cables were disrupted on account of a violent wind and high tension current found its way through the low tension cable into the premises of the respondents was held to be not a justifiable defence. Thus, merely because the illegal act could be attributed to a stranger is not enough to absolve the liability of the Board regarding the live wire lying on the road.15. In W.B. State Electricity Board vs. Sachin Banerjee [1999 (9) SCC 21 ] the Electricity Board adopted a defence that electric lines were illegally hooked for pilferage purposes. This Court said that the Board cannot be held to be negligent on the said fact situation but the question of strict liability was not taken up in that case.