Where liability of an electricity board for electrocution caused by low-lying wires has already been recorded and is not challenged in appeal, the court may enhance compensation while leaving the claimant free to seek a further remedy in accordance with law.
The uniform compensation adopted in Municipal Corporation of Delhi v. Uphaar Tragedy Victims Association—₹7.5 lakhs for victims aged 20 years or below—was applied as an interim measure in a fatal electrocution involving a 13-year-old. The claim did not justify ₹90 lakhs on the authority of Naval Kumar, where an eight-year-old child suffered permanent disability and both arms were amputated.
Nilabati Behera, relied upon in Uphaar, concerned a single deceased victim for whom specific income evidence was available and did not justify determining compensation in the present claim by a uniform amount. The appellate court distinguished those features and the different multiplier applicable under the Motor Vehicles Act from the present electrocution claim.
The court relied upon Karnataka Power Transmission Corporation Ltd v. Rekha insofar as electrocution cases may attract strict liability where the electricity board was at fault in maintaining low-lying wires, in the manner reflected in Rylands v. Fletcher. Since liability and the board’s fault had already been established below and no cross-appeal challenged that finding, the appeal was partly allowed. The compensation was increased to ₹7.5 lakhs, with 6% per annum interest from the filing of the writ petition. After adjusting the compensation already paid, the balance was directed to be paid within three months upon receipt of a certified copy, and the appellants retained liberty to pursue a further remedy in accordance with law.
