Death due to Electrocution — Strict Liability of the State: National Human Rights Commission Case

Death due to Electrocution — Strict Liability of the State: Jharkhand (Case No.1509/4/2000-2001)

The Commission took cognisance of a complaint from Maku Murmur, resident of Dumka, Jharkhand alleging that her husband, Babu Ram, had died on 9 July 2000 as a result of being electrocuted by a live transmission wire. She stated that the death was the result of negligence of the Bihar State Electricity Board.
Upon a notice sent to the Chairman, Bihar State Electricity Board as well as to the District Magistrate, Dumka, it was confirmed that the victim had died after being electrocuted. It was, however, contended that a severe storm had occurred on the date of the incident and that deceased might have come into contact with the electricity wires, which would have fallen to the ground because of the storm and rain. It was stated that the death had not resulted from the fault of any person of the electricity department or any other authority.
The Commission, while over-ruling the contentions of the State, held that the Bihar State Electricity Board could not be absolved of its responsibility of properly maintaining the whole system; that rain and storms were not an unusual phenomenon and care was needed to avoid such situations. Accordingly, the Commission in its proceedings dated 29 August 2001 issued a notice to the State of Bihar to show cause why immediate interim relief u/s 18(3) of the Protection of Human Rights Act, 1993 be not awarded to the petitioner.
The Bihar State Electricity Board sought a review of the matter on two grounds, namely, (i) that the State of Bihar had been bifurcated with the formation of the State of Jharkhand with effect from 15 November 2000 and that this had transferred the liability to the State of Jharkhand; and, (ii) that the death of Babu Ram Tudu was in an accident, resulting from heavy rains and a storm which led to the snapping of a hightension wire and the lowering of its height.
The Commission did not find any justification in these submissions. In a decision of 11 January 2002, it referred to the doctrine of strict liability recognised and applied by the Apex Court in a similar situation in the case of M.P. Electricity Board vs. Shail Kumari and Others. The Commission accordingly recommended the payment of Rs.2 lakhs by the Bihar State Electricity Board as immediate interim relief u/s 18(3) of the Protection of Human Rights Act, 1993 to the next of kin of the deceased.
As regards the bifurcation of the State of Bihar following the creation of the State of Jharkhand, the Commission held that this was now a matter for adjustment between the two States, it did not however exonerate the State of Bihar of its liability to a third party, which had been incurred on a date prior to bifurcation of the State.
In view of the compliance report received from the Bihar State Electricity Board, the case was closed on 29 January 2003.