The Gujarat High Court has upheld a compensation award to the parents of a man who died after coming into contact with a hanging live electric wire near a lake in Bhuj. The court dismissed an appeal filed by Paschim Gujarat Vij Company Limited (PGVCL), holding that electricity suppliers engaged in hazardous activities bear strict and absolute liability for such accidents.
Justice J. C. Doshi ruled that the electricity company cannot escape liability by blaming the deceased when a live wire was left hanging at a height where a passerby could come into contact with it.
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Background of the Case
The case arose from an incident that occurred on 6 December 2001 near the embankment of a lake in Bharasar village, Bhuj taluka. Abdul Hasam, a daily-wage plumber earning around ₹150 per day, accidentally touched a hanging live electric wire belonging to PGVCL while passing by the lake and died due to electrocution.
His parents filed a civil suit seeking compensation, claiming that the accident happened due to the negligence of the electricity company in maintaining its power line. They argued that Abdul Hasam was the sole breadwinner of the family, and the tragedy had left them without financial support.
The trial court partly allowed their claim and directed PGVCL to pay ₹3,38,000 as compensation along with 9% annual interest from the date of filing of the suit until realization.
Challenging this decision, PGVCL approached the Gujarat High Court through a first appeal.
PGVCL argued that the accident occurred due to the negligence of the deceased himself. According to the company, Abdul Hasam could have avoided the mishap had he exercised proper care while passing near the electric infrastructure.
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The company relied on evidence such as the spot panchnama, inquest report, and witness testimony, contending that the trial court wrongly concluded that the electricity company was responsible for the incident.
On this basis, PGVCL urged the High Court to overturn the trial court’s findings and set aside the compensation order.
The High Court examined whether:
- Abdul Hasam died due to electrocution from a broken or hanging electric wire.
- The accident was caused by negligence on the part of PGVCL.
- The parents were entitled to compensation and interest.
The trial court had already answered most of these questions in favour of the plaintiffs, holding that the electricity company was responsible for the incident and that the parents were entitled to damages.
Justice Doshi referred to several Supreme Court rulings explaining the principle of strict and absolute liability for hazardous activities.
The court cited the landmark decision in M.C. Mehta v. Union of India, where the Supreme Court held that enterprises involved in inherently dangerous activities must compensate victims if harm results from such activities, regardless of fault.
The High Court noted that electricity transmission is an inherently dangerous activity and companies supplying power must ensure that their infrastructure does not cause harm.
Quoting Supreme Court observations in Haryana State Electricity Board v. Ram Nath, the court emphasized that electricity suppliers must maintain proper distance and safety around power lines.
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“The appellants are carrying on a business which is inherently dangerous… they have to ensure that no injury results from their activities,” the judgment noted while referring to the Supreme Court ruling.
The court also relied on earlier decisions of the Gujarat High Court and the Supreme Court that reiterated that liability arises once an accident occurs involving electrical infrastructure.
The High Court stressed that the responsibility for installing and maintaining electric lines lies entirely with the electricity supplier.
If a live wire is left hanging at a level where a passerby can touch it, the company cannot avoid liability by blaming the victim.
The court found that the facts of the case clearly showed that the live electric wire was hanging low enough to come into contact with a person walking near the lake embankment.
In such circumstances, the defence that the deceased was negligent could not absolve the electricity company.
After reviewing the evidence and legal principles, the Gujarat High Court held that there was no reason to interfere with the trial court’s findings.
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“The principle of strict or absolute liability applies in such cases,” the court observed while concluding that the electricity company remains responsible for accidents caused by unsafe power lines.
The court therefore dismissed the First Appeal filed by PGVCL and upheld the compensation order passed by the trial court.
It also directed that if any amount had been deposited before the trial court, it should be disbursed to the plaintiffs along with accrued interest.
The connected civil application for stay was disposed of accordingly.
Case Title: Paschim Gujarat Vij Co. Ltd. v. Hasam Mamad Sama & Anr.
Case No.: First Appeal No. 3505 of 2007
Decision Date: 10 March 2026
