November 7, 2024
DU LLBLaw of TortsSemester 1

M. P. Electricity Board v Shail Kumar, AIR 2002 SC 551

Citation
Keywords
Facts
Issues
Contentions
Law Points
Judgment
Ratio Decidendi & Case Authority

Full Case Details

Facts

  • one Joginder Singh, aged 37 years, was riding on his bicycle on the night of 23−8−1997 while returning from his factory.
  • A snapped live electric wire was lying on the road.
  • There was rain and the road was partially inundated with water.
  • The cyclist could not notice the electric wire and as he came in contact with the same, he died instantaneously due to electrocution.

Principles

  • The rule of strict liability applied and the defect of the dangerous thing being an ‘act of the stranger’ was not allowed because the same could have been foreseen.
  • The rule of Strict Liability was applied and it was held that the Board had statutory duty to supply electricity in the area.
  • If the energy so transmitted causes injury or death of a human being, who gets unknowingly trapped into it, the electric supplier shall be liable for the same.
  • If the electric wire was snapped the current should have been automatically cut off.
  • Authorities manning such dangerous commodities have extra duty to chalk out measures to prevent such mishaps.
  • The defence that the snapping of wire was due to the act of the stranger who might have tried to pilfer the electricity was rejected.

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