Ranbir Singh & ANR v. Punjab State Power Corporation Ltd & ANR









 

 

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1 "On 01.09.2017 at around 3:30 Shri Raghveer Singh J.E. Informed the undersigned regarding the deadly incident which took place at area New Madhopuri, Lane No.2. The undersigned at that point of time was there in Sunder Nagar Unit 2, Matewara, as the electricity supply of the area was affected due to heavy rain.

When the undersigned reached the spot at around 4:40 where the accident took place, there were present at that time A.A.E (JE-1) Shri Surinder Kumar and concerned area J.E. Raghveer Singh along with otherstaff, streets were filed with water. At the time of inspection of the spot there was no breakage of any line (LT-HT) either of conductor, Sub-main or wire of service line/PVC etc. and neither was any electricity wire tied to the telephone poll standing in the water. When at 4:53 the supply was restored and was fine. On checking/inspecting there was no current in the wall and water. Public was passing normally through the water by foot as well as on the vehicles.

As the public told, two persons were passing on activa scooter out of them the scooter driver became unconscious and fell near the telephone poll and the other person came out the water. The sufferer of the accident was sent to the Hospital by the public and the police in ambulance, who died later on. The statements of the shopkeepers and people at the place of accident were recorded by the concerned J.E. The undersigned directed the A.A.E/Tech, Unit-1 Sunder Nagar Ludhiana via Telephone and the concerned J.E. of the area to give information regarding the deadly incident to the office and prepare a report case.

 Sunder Nagar Division, Ludhiana"

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1 "29. Construction, installation, protection, operation and maintenance of electric supply lines and apparatus. - (1) All electric supply lines and apparatus shall be of sufficient ratings for power, insulation and estimated fault current and of sufficient mechanical strength, for the duty which they may be required to perform under the environmental conditions of installation, and shall be constructed, installed, protected, worked and maintained in such a manner as to ensure safety of [human beings, animals and property].

(2) Save as otherwise provided in these rules, the relevant code of practice of the [Bureau of Indian Standards] [including National Electrical Code] if any may be followed to carry out the purposes of this rule and in the event of any inconsistency, the provision of these rules shall prevail.

(3) The material and apparatus used shall conform to the relevant specifications of the [Bureau of Indian Standards] where such specifications have already been laid down."

xxx xxx xxx

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44. Instructions for restoration of persons suffering from electric shock. - (1) Instructions, in English or Hindi and the local language of the district and where Hindi is the local language, in English and Hindi for the restoration of persons suffering from electric shock, shall be affixed by the owner in a conspicuous place in every generating station, enclosed substation, enclosed switch-station and in every factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948) in which electricity is used and in such other premises where electricity is used as the Inspector or any officer appointed to assist the Inspector may, by notice in writing served on the owner, direct.

(2) Copies of the instructions shall be supplied on demand by an officer or officers appointed by the Central or the State Government in this behalf at a price to be fixed by the Central or the State Government.

(3) The owner of every generating station, enclosed substation, enclosed switch-station and every factory or other premises to which this rule applies, shall ensure that all authorised persons employed by him are acquainted with and are competent to apply the instructions referred to in sub-rule (1). (4) In every manner high voltage or extra-high voltage generating station, sub station or switch station, an artificial respirator shall be provided and kept in good working condition.

45. Precautions to be adopted by consumers, [owners, occupiers], electrical, contractors, electrical workmen and suppliers - (1) No electrical installation work, including additions, alterations, repairs and adjustments to existing installations, except such replacement of lamps, fans, fuses, switches, low voltage domestic appliances and fittings as in no way alters its capacity or character, shall be carried out upon the premises of or on behalf of any [consumer, supplier, owner or

 occupier] for the purpose of supply to such [consumer, supplier, owner or occupier] except by an electrical contractor licensed in this behalf by the State Government and under the direct supervision of a person holding a certificate of competency and by a person holding a permit issued or recognised by the State Government :

Provided that in the case of works executed for or on behalf of the Central Government and in the case of installations in mines, oil fields and railways, the Central Government and in other cases the State Government may, by notification in the Official Gazette, exempt, on such conditions as it may impose, any such work described therein either generally or in the case of any specific class of [consumers, suppliers, owners or occupiers] from so much of this sub-rule as requires such work to be carried out by an electrical contract licensed by the State Government in this behalf.

(2) No electrical installation work which has been carried out in contravention of sub-rule (1) shall either be energised or connected to the works of any supplier.] xxxxxx

46. Periodical inspection and testing of installation, - (1)(a) Where an installation is already connected to the supply system of the supplier, every such installation shall be periodically inspected and tested at intervals not exceeding five years either by the Inspector (or any officer appointed to assist the Inspector) or by the supplier as may be directed by the State Government in this behalf or in the case of installation belonging to, or under the control of the Central Government, and in the case of installations in mines, oil fields and railways by the Central Government.

(aa) the periodical inspection and testing of high voltage and extra high voltage installations 

 

 




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"91. Safety and protective devices :- (1) Every overhead line, (not being suspended from a dead bearer wire and not being covered with insulating material and not being a trolley-wire) erected over any part of street or other public place or in any factory or mine or on any consumers' premises shall be protected with a device approved by the Inspector for rendering the line electrically harmless in case it breaks.

(2) An Inspector may by notice in writing require the owner of any such overhead line wherever it may be erected to protect it in the manner specified in sub-rule (I).

(3) The owner of every high and extra-high voltage overhead line shall make adequate arrangements to the satisfaction of the Inspector to prevent unauthorised persons from ascending any of the supports of such overhead lines which can be easily climbed upon without the help of a ladder or special appliances. Rails, reinforced cement concrete poles and pre-stressed cement concrete poles without steps, tubular poles, wooden supports without steps, I-sections and channels shall be deemed as supports which cannot be easily climbed upon for the purpose of this rule]."

(emphasis supplied)

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 "24. I think that on failure to use all reasonable means to prevent escape of an inherently dangerous thing, which by nature electricity is, the standard of care will be very high and the onus would be on the supplier to show that there was no negligence. In this case, the respondent-Nigam has not successfully discharged the onus to the satisfaction of this Court." D # 





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 "33. On a reading of the above case law the real question in this case which arises to my mind is whether the supplier of electricity can excuse himself by showing that the escape was owing to the petitioner's default. There is, however, little doubt on the other issues arising out of strict liability; burden of proof of escape of potentially dangerous thing causing injury wittingly or by surprise; standard of care required from Licensee which is circumspect statutorily under the Act and rules to do certain acts



and things in the manner specified; jurisdiction of this court to award compensation in appropriate cases in writ jurisdiction and the connected issue of quantification of compensation so that it is neither under compensation nor overcompensation etc.; that in the present case such factors tilt in favour of the injured and need not detain us. The claim made in the petition is an actionable claim and the case is an eminently fit one for grant of compensation in exercise of powers under Article 226 of the Constitution."

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1 "Stated that I reside at above mentioned address. I run a business of mobiles from by residence. My nephew Bhupinder Singh @ Kaku S/O Ranvir Singh resident of Laxmi Colony, Main Road, Kailash Nagar, Ludhiana was working with Jai Maa Interprises, 70 feet road, Sunder Nagar, which is owned by Mohit Kumar. His father Ranvir Singh runs a shop of electrical goods at Assam. As usual my nephew had gone to his duty with Mohit Kumar on 1-9-17 at 9 PM in the morning, then Mohit Kumar had sent Bhupinder Singh and Sandeep Kumar S/O Nand Lal resident of Street no. 2, Maya Puri, Tibba Road, Ludhiana by handing over his Activa bearing no.PB 10EL-1275, to carry out some work of the firm. Activa was being driven by Bhupinder Singh and Sandeep Kumar was pillion riding and it was raining. When Bhupinder Singh and Sandeep Kumar

 reached street no. 2, Madhopuri Main Road Gaushala on the left side near a telephone pole at about 2.30 P.M. then a loose joint of the live electricity wire was touching the wall of a shop and because of that current was flowing through the wall and telephone pole and as left leg of Bhupinder Singh touched the pole and he being getting electrocuted fell in the water and Sandeep Kumar also suffered a severe shock. Being getting Electrocuted Bhupinder Singh had expired on the spot itself. Then Mohit Kumar informed me about this about this " &0 7 
 
 
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'National Insurance Company Limited vs. Pranay Sethi and others', (2017) 16 SCC 680
 
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  May 04, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No