Lawstreet Journal

Calcutta HC Asks Legislature To Consider Introducing Provisions In Electricity Act, 2003 For Payment Of Compensation For Death/Injury Caused By Electrocution

Lawstreet Journal 24 Mar 2022 8:33am

Image courtesy: Lawstreet Journal Judiciary Calcutta HC Asks Legislature To Consider Introducing Provisions In Electricity Act, 2003 For Payment Of Compensation For Death/Injury Caused By Electrocution

The Calcutta High Court on Tuesday urged the legislature to include explicit provisions in the Electricity Act, 2003 (2003 Act) governing the payment of compensation to victims of electrocution-related injury, death, or property loss, as well as their relatives.

The Court also stated that the legislature should consider creating a specific hierarchy of forums to decide such disputes, and that Rules may be developed by the Central or State Electricity Regulatory Commissions to ensure that such laws are effectively implemented.

Justice Sabyasachi Bhattacharyya observed,

"It is desirable that the legislature considers the immediate introduction of specific provisions in the Electricity Act, 2003 itself, regarding payment of compensation to victims of injury, death of damage to property caused by electrocution or their next of kin and, if deemed fit, to also consider providing for a dedicated hierarchy of forums to decide such cases. Rules in that regard may also be formulated by the Central and/or State Electricity Regulatory Commissions for effective implementation of such provisions."

The Court further noted that relegating such matters of compensation to a Civil Court would aggravate the misery of the victim's kin and accordingly remarked,

"The option of relegating such matters of compensation to a civil court, considering the usually sorry plight of the victim's dependants, would involve much time and resources which the applicants in such matters mostly cannot afford to spend. Civil suits, by their implicit nature and statutory structure, require oral and documentary evidence to be led and considered in detail before… Continue Reading...


Tagged: calcutta high court   Electricity Act  
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