The Gujarat High Court has upheld an order granting compensation of Rs 6.25 lakh along with interest to the parents of an 18-year-old boy who died due to electrocution. The High Court also observed that it is the duty of the electric board to see that electric wires do not touch the trees, and for that, the board has to take appropriate steps.

The appeal before the High Court was filed by the appellant - Paschim Gujarat Vij Co. Ltd. against the judgment of the Trial Court partly allowing the Civil Suit filed by the respondents-original plaintiffs and directing the Company to pay Rs 6,25,000 along with interest.

The Single Bench of Justice Hemant M. Prachchhak held, “It is appropriate to note herein that it is the duty of the electric board to see that the electric wires do not touch the trees and for that the board has to appropriate steps. In present case, due to negligence on the part of the board, the son of respondent No.2 died untimely. Further, from the record it establishes that the wires were hanging and bent from the centre and had come near to the ground, and same were touching the trees.”

Advocate SP Hasurkar represented the Appellant while Advocate R Kirtidev R Dave represented the Respondent.

Factual Background

The incident dates back to the year 2008 when the son of the plaintiffs, aged 18 years, died after being electrocuted due to an electric line passing through the trees. When the accident occurred, the boy was standing below the trees and was cutting the plants for grazing the cattle. The plaintiffs-being parents of the deceased, filed a suit for recovery of compensation on account of the untimely death of their young son. The Trial Court directed the appellant to pay compensation. Aggrieved thereby, the appellant preferred the appeal.

Reasoning

The Bench found that the reasons recorded by the trial court to deal with the said issues were just and proper. With regard to the age of the deceased, the trial Court discussed that the post-mortem note supported the theory of 18 years of age. Further, the Trial Court also considered the fact that the deceased was earning Rs 200 per day from the sale of Milk and his monthly income was Rs 6000 per month.

“Hence, in view of the above observations, this Court is of the opinion that the trial Court has not committed any error in passing the impugned judgment and award”, the Bench said.

Dismissing the appeal, the Bench ordered, “The amount deposited by the appellant before the trial Court is ordered to be disbursed in favour of respondent No.2 herein along with accrued interest, if any, within period of eight weeks from the date of receipt of copy of present order.”

Cause Title: Paschim Gujarat Vij Co Ltd. v. Mithaubhai Nageshi Maheshwari & Anr. ( Case No.: R/First Appeal No. 470 of 2012)

Appearance

Appellant: Advocate SP Hasurkar

Respondent: Advocates R Kirtidev R Dave, Rahul K Dave

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Gujarat High CourtJustice Hemant M. Prachchhak

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.