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June 2009

Torts : Person losing his right hand due to electrocution — Electricity Board liable to compensate.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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  1. TORTS : Person losing his right hand due to
    electrocution — Electricity Board liable to compensate.

Petitioner got electrocuted on account of a live wire which
snapped due to strong wind and fell on roof of petitioner’s house, which had
C1 sheet roofing. It was held that Electricity Board ought not to have carried
electrical wire over a dwelling house. A person undertaking activity involving
generation or transmission of electricity which is inherently dangerous to
human should take extra care and precaution to avoid harm. However, the
Electricity Board authorities have not shown that they have taken all
necessary care to avoid harm. The petitioner being sole bread-earner of his
family and has lost his right hand being amputed, is entitled to be
compensated for his sufferings and loss of earning and earning capacity.
Compensation of Rs.3,00,000 awarded including medical expenses.

[Md. Sahajuddin vs. ASEB & Ors., AIR 2009 (NOC) 1072 (Gau.)].

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