Electrocution Compensation -- Disputed Questions of Fact -- Writ petition not maintainable
(i) Constitution of India, 1950, Art.226 -- Electrocution Compensation -- Disputed Questions of Fact -- Cannot be adjudicated in writ jurisdiction where the claim for compensation involves contested facts relating to negligence, contributory negligence, compliance with statutory safety distances, and third-party liability. Treating electrocution as a matter of absolute liability and ignoring such factual disputes is impermissible. Parties must be relegated to civil courts or other appropriate forums where such disputed facts arise. (ii) Law of Torts -- Electrocution by Transmission Entities -- Governed by strict liability, not absolute liability. Enterprises engaged in transmission and distribution of electricity are liable irrespective of negligence or fault, but this liability remains subject to recognised exceptions including act of God, act of a stranger, default of the plaintiff, consent, and statutory authority. The standard of absolute liability without exceptions does not apply indiscriminately so as to exclude statutory and factual defences. (iii) Electricity Act, 2003, S.57 -- Compensation for Electrocution -- Cannot be computed using the multiplier method under the Motor Vehicles Act, 1988, since the Electricity Act does not prescribe any method of calculation. Compensation must instead be determined on the principle of awarding just, fair, and reasonable compensation, based on proven income and relevant facts placed before the competent forum.
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