Gujarat: The Gujarat High Court has upheld a trial court’s decision awarding ₹6,25,000 in compensation to the mother of an 18-year-old boy who died due to electrocution, emphasizing the duty of electricity boards to maintain safe infrastructure and prevent such tragic incidents.
Justice Hemant M. Prachchhak delivered the judgment on June 17, 2025, dismissing the appeal filed by Paschim Gujarat Vij Co. Ltd. against the compensation award.
The case pertained to First Appeal No. 470 of 2012, wherein the electricity company challenged the judgment passed in Special Civil Suit No. 91 of 2008, filed by the deceased’s parents.
Detailing the tragic incident, the court noted: “On 08.03.2008 at 17:00 hours, the plaintiffs’ son, Vithaldas Muthubhai Maheshwari, aged 18, was standing under trees and cutting plants for cattle grazing. At that time, he was electrocuted due to an electric line passing through the trees and died.”
The court observed the electricity board’s failure to maintain safe infrastructure, stating, “From the record, it is established that the wires were hanging and bent from the centre, had come near the ground, and were touching the trees.”
Emphasizing the responsibility of electricity utilities, the court held: “It is the duty of the electricity board to ensure that electric wires do not come in contact with trees. For that, the board must take appropriate preventive measures. In the present case, due to negligence on the part of the board, the son of respondent No. 2 died an untimely death.”
The court rejected the appellant’s arguments regarding contributory negligence and disputed income calculation, affirming the trial court’s assessment of the deceased’s monthly income at ₹6,000 from dairy-related activities.
In its final directive, the court ordered: “The amount deposited by the appellant before the trial court is to be disbursed in favour of respondent No. 2 along with accrued interest, if any, within eight weeks from the date of receipt of a copy of this order.”
The High Court affirmed the trial court’s award of ₹6,25,000 along with 9% interest from the date of the suit filing until realization, concluding that the electricity board’s negligence directly led to the young man’s death.
Mr. S.P. Hasurkar, Advocate, appeared for the appellant Paschim Gujarat Vij Co. Ltd., while Mr. Kirtidev R. Dave and Mr. Rahul K. Dave, Advocates, represented the respondents.
Case Title: Paschim Gujarat Vij Co. Ltd. vs. Mithaubhai Nageshi Maheshwari & Anr.
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