RAMAN versus UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.

RAMAN versus UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS.

The respondent Electricity Nigam is strictly liable for compensating the appellant for 100% permanent disability resulting from the electrocution accident, as statutory safety obligations were breached. The awarded compensation of Rs. 60 lakhs by the Single Judge is restored, with directions that the compensation belongs to the claimant and, upon his death, devolves to his legal heirs or representatives; the direction for reversion to the respondent is set aside as invalid.

Parties
Appellant: Raman; Respondents: Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.
Jurisdiction
India
Judgment Date
17 December 2014
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal allowed
Legal Topics
Compensation for Electrocution, Negligence, Strict Liability, Personal Injury, Disability, Writ Remedies, Award of Damages
Tort Law Electricity Law Constitutional Law Compensation for Electrocution Negligence Strict Liability Personal Injury Disability +2 more

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Parties

Raman

Appellant

Uttar Haryana Bijli Vitran Nigam Ltd. & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the respondents are liable to pay compensation for 100% permanent disability suffered due to electrocution under the Electricity Act, 2003?
  2. 2 What is the just and reasonable amount of compensation, and the valid method/mode of its payment and succession?

Ratio Decidendi

The respondent Electricity Nigam is strictly liable for compensating the appellant for 100% permanent disability resulting from the electrocution accident, as statutory safety obligations were breached. The awarded compensation of Rs. 60 lakhs by the Single Judge is restored, with directions that the compensation belongs to the claimant and, upon his death, devolves to his legal heirs or representatives; the direction for reversion to the respondent is set aside as invalid.

Court Disposition

Appeal allowed

Orders

  • Compensation of Rs. 60 lakhs as awarded by the Single Judge is restored; Rs. 30 lakhs to be kept in fixed deposit for claimant till majority; another Rs. 30 lakhs as corpus with monthly interest available for claimant's expenses.
  • Direction that compensation amount reverts to respondents if claimant does not survive until majority is set aside; on claimant's death, amount shall go to his legal heirs/representatives.