Power Company Cannot Avoid Compensation for Electrocution Death by Alleging Victim's Negligence: Gujarat High Court

The Gujarat High Court has upheld a compensation award of ₹9.4 lakh in favour of the family of a man who died after being electrocuted by a high-voltage transmission line, holding that Gujarat Energy Transmission Company Ltd. (GETCO) cannot escape liability by blaming the deceased for the incident.

The case arose from a 2003 accident in Kutch district, where Gemarsinh Sodha, a Maldhari (cattle herder), came into contact with a 66 kV electric line while moving with his livestock. He sustained severe injuries and later died during treatment. His family subsequently filed a civil suit seeking compensation, alleging negligence on the part of GETCO.

A trial court partly allowed the claim and directed GETCO to pay ₹9.4 lakh with interest. Challenging the decision, GETCO argued before the High Court that the deceased had failed to exercise proper caution and was responsible for the mishap.

Rejecting the contention, Justice J.C. Doshi observed that electricity is an inherently hazardous substance and entities engaged in its transmission are governed by the principles of strict and absolute liability. The Court emphasized that power utilities have a duty to maintain transmission lines and ensure public safety.

Relying on Supreme Court precedents, the Court held that liability in such cases does not depend on proving negligence. Since the risk is inherent in the activity itself, compensation becomes payable once injury or death results from exposure to electricity. Consequently, the appeal was dismissed and the compensation award was affirmed.