Negligence of elec. department.
Advocate Ravinder
(Querist) 27 February 2014
This query is : Resolved
My client’s brother has died due to electric shock due to the negligence of the Electricity department. A wire of the pole detached and fallen on him. Elec dept not denying the fact. Where I have to file case for damages. In Consumer court or in the Electricity department. Whether Electricity department (which is a Board--seperate entity) comes under the perview of consumer protection act.
P. Venu
(Expert) 28 February 2014
Legal heirs/dependents are not entitled for damages. However, the deceased does not appear to be a consumer.
The Board could be sued for damages under Tort.
Devajyoti Barman
(Expert) 28 February 2014
Yes, electricity distribution company does come under CP Act.
See the Act, it is clearly mentioned .
Advocate Bhartesh goyal
(Expert) 28 February 2014
Legal heirs can file suit for compensation under the provisions of The Fatal Accident Act .
1-A. SUIT FOR COMPENSATION TO THE FAMILY OF A PERSON FOR LOSS OCCASIONED TO IT BY HIS DEATH BY ACTIONABLE WRONG.
1[1A.] Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong.—Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued, shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime.
2[***] Every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator, or representative of the person deceased; and in every such action the Court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties, or any of them, in such shares as the Court by its judgment or decree shall direct.
Rajendra K Goyal
(Expert) 28 February 2014
Well advised, agree with the advise of expert Bhartesh Goyal ji.
Vidhi Joshi
(Expert) 28 February 2014
No, the case will not fall under Consumer Protection Act, file compensation claim towards the death due to negligence from Electricity board, if board rejects your claim file a writ petition against the order.
Guest
(Expert) 28 February 2014
Well advised.
Advocate Ravinder
(Querist) 28 February 2014
There are different views of opinion on this query. Any way thanks for all experts for giving suggestions.
Devajyoti Barman
(Expert) 28 February 2014
Dear Gentlemen, kindly read section 2(o) of CP Act to decide whether this Act applies to Electricity Company or not.
Advocate Ravinder
(Querist) 01 March 2014
To Sri. Devajyoti Barman, Thanks for your reply
I have gone through Sec. 2(0). It is the definition of "service". But why it is not mentioned specifically in Sec. 9 under heading Deficiency. Can you clarify this point.
prabhakar singh
(Expert) 01 March 2014
For a death of a stranger, caused by electrocution due to negligence of any Electricity Board, only suit for compensation would lie in Civil Court after service of two months notice of demand.
When suit is a remedy provided,the High Court,denies to entertain writs.
No doubt an electricity Board is a service provider and it's consumers may lodge consumer complaints against it but here man who met accident did not die as consumer of the Electricity board but as a passerby.
T. Kalaiselvan, Advocate
(Expert) 01 March 2014
I agree with the opinions of Adv Mr.Bhartesh Goyal and Adv Mr. P Singh. A suit for compensation in civil court of law appears to be a best solution.
