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

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.