M.P. ELECTRICITY BOARD versus SHAIL KUMARI AND ORS.

M.P. ELECTRICITY BOARD versus SHAIL KUMARI AND ORS.

The Supreme Court upheld the High Court that the M.P. Electricity Board, as the statutory supplier of potentially dangerous electrical energy, was primarily liable under the doctrine of strict liability for the death caused by a live wire on a public road; the 'act of a stranger' exception did not absolve the Board because the pilferage or its consequences were reasonably foreseeable or preventable by the Board and the Board had a duty to take safety measures (including disruption of supply when a live wire fell).

Parties
Appellant: M.P. Electricity Board; Respondents: Shail Kumar! and Ors.
Jurisdiction
India
Judgment Date
12 January 2002
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From Judgment of Madhya Pradesh High Court (civil Appeal No.180 of 2002)
Outcome
Appeal dismissed
Legal Topics
Strict Liability, Rylands V. Fletcher Doctrine, Act of a Stranger Exception, Supplier Liability for Hazardous Activity, Compensation for Death by Electrocution
Torts Administrative Law Civil Compensation Strict Liability Rylands V. Fletcher Doctrine Act of a Stranger Exception Supplier Liability for Hazardous Activity Compensation for Death by Electrocution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M.P. Electricity Board

Appellant

Shail Kumar! and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From Judgment of Madhya Pradesh High Court (civil Appeal No.180 of 2002)

Legal Issues

  1. 1 Whether the Electricity Board is strictly liable for death caused by a live wire lying on a public road
  2. 2 Whether the exception of 'act of a stranger' to strict liability absolves the Board where the wire was alleged to have been tampered with by a third party
  3. 3 What safety obligations and foreseeability duties are owed by a statutory electricity supplier to prevent pilferage and consequent harm

Ratio Decidendi

The Supreme Court upheld the High Court that the M.P. Electricity Board, as the statutory supplier of potentially dangerous electrical energy, was primarily liable under the doctrine of strict liability for the death caused by a live wire on a public road; the 'act of a stranger' exception did not absolve the Board because the pilferage or its consequences were reasonably foreseeable or preventable by the Board and the Board had a duty to take safety measures (including disruption of supply when a live wire fell).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Direction upheld that M.P. Electricity Board pay compensation of Rs. 4.34 lakhs to the claimants