Annual Report - National Human Rights Commission

Complaints Before the Commission
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d) Human Rights Violations by Other State Agencies
17. Death of Shri Dirisam Lajer, an agricultural labourer by electrocution - Case
No. 147/1/2001-2002(FC)
4.107 The Commission received a complaint dated 19-1-2001 from Smt. Dirisam Swarooparani
w/o Late Dirisam Lajer resident of Krishna District, Andhra Pradesh, an agricultural labourer,
having three children and no landed property, alleging that on 24-5-1999 her husband Shri
D. Lajer, while cutting grass in the fields of a farmer, came in contact with a live electrical wire
lying under the grass and died due to electric shock.
4.108 Taking cognizance, the Commission issued a notice to the Secretary, Department of
Power, Government of Andhra Pradesh and Chairman, Andhra Pradesh Electricity Board and
called for a report. In response, it was admitted in the report received from the Chief Engineer,
Southern Power Distribution Company of Andhra Pradesh Limited that the wire lying under
Katuru Sub Station–II snapped due to heavy gale and rain and had fallen on sugarcane plant
without touching the ground. The victim while passing through the sugarcane field came in
contact with the snapped live electrical wire and got electrocuted. The Southern Power
Distribution Company of A.P. Ltd. had sanctioned an ex-gratia amount of Rs. 10,000/- to the
legal heirs of the deceased.
4.109 The Commission considered the response from the State Government and in the light of
the rule of strict liability propounded in the celebrated case, Rylands Vs. Fletcher – LR 3 HL
330:19LT 220 and followed by the Hon’ble Supreme Court of India in M.P. Electricity Board
Vs. Shail Kumari and others AIR 2002 SC 551, considered it a fit case for award of interim
compensation u/s 18(3) of the Protection of Human Rights Act 1993, to the widow of the deceased.
Accordingly, a show cause notice was issued on 20-11-2003 to the Chairman and Managing
Director, Southern Power Distribution Company of A.P. Limited.
4.110 In response to the show-cause notice, the Chairman and Managing Director of the
Company vide his communication dated 29-12-2003, reiterated that Shri D. Lajer had died
accidentally as a result of coming in contact with a live wire which had snapped due to heavy
gale and rain, and there was no negligence on the part of any public servant.
4.111 Vide its proceedings dated 5-3-2004, the Commission observed that a precious life
had been lost due to electrocution. The Commission invoked the principle of “strict liability”
and also observed that a State is liable not only for the negligent act of its public servants in
such like situations, but also for the failure on the part of the public servants to take care to
prevent such foreseeable risks, which are inherent in the very nature of such activity. The
Commission noted that the payment of an ex-gratia amount of Rs.10,000/- to the widow of
the deceased by the Company was grossly inadequate. The Commission therefore
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