Precedents Cited

The judgment references the landmark case of M. P. Electricity Board v. Shail Kumari (2002), where the Supreme Court established that Electricity Boards are liable to pay compensation under the doctrine of "strict liability." This principle holds that statutory bodies responsible for hazardous activities bear liability for any harm arising, regardless of negligence. The court contrasted this with a Division Bench judgment in Jogindro v. State Of Haryana (2008), where compensation was denied due to disputed factual questions. However, the High Court in the present case found no such disputes, thereby distinguishing the two scenarios.

Legal Reasoning

The court meticulously examined the facts, recognizing that:

• The high-voltage wire was improperly maintained, leading to its collapse.
• The PSEB failed to implement mandated safety measures, such as dense guarding under the wire.
• The lack of tripping mechanisms at the sub-station exacerbated the situation.

Despite the PSEB's defense regarding the time discrepancy and technical explanations, the court emphasized the undeniable negligence in maintenance and supervision. By referencing the post-mortem and the Chief Electrical Inspector's report, the judiciary established a clear link between the PSEB's oversight and the fatal accident.

Impact

This judgment reinforces the accountability of statutory bodies like the Punjab State Electricity Board concerning public safety. By upholding the principle of strict liability, the court ensures that utility providers adhere to rigorous maintenance and safety standards. This precedent serves as a deterrent against negligence and underscores the importance of proactive safety measures in preventing future tragedies. Moreover, it clarifies the scope of writ petitions in compensation cases, delineating when such remedies are appropriate over ordinary civil suits.

Strict Liability

Strict liability is a legal doctrine that assigns liability to a party without the need to prove negligence or intent. In the context of this case, the Electricity Board is held strictly liable for the harm caused by its operations, irrespective of whether it exercised due care.

DDR (Daily Diary of Report)

DDR refers to the official police report documenting the details of an incident. DDR No. 39 dated 5-5-2007 provided crucial evidence in establishing the circumstances of Sh. Lajja Ram's death.

Tripping Mechanism

A tripping mechanism in electrical systems is a safety device designed to interrupt the flow of electricity in case of faults or overloads. The absence or failure of such a system at the sub-station was a pivotal factor leading to the fatal accident.