Orissa High Court
The Orissa High Court has held Tata Power’s northern Odisha subsidiary, TP Northern Odisha Distribution Limited (TPNODL), strictly liable for the death of a 54-year-old daily wage labourer who was electrocuted in 2007 after stepping into a live water puddle caused by a snapped low-tension electric wire in Balasore district.
In a recent order, the High Court directed the company to pay an interim compensation of Rs 2 lakh to Umamani Nayak, widow of Sanatan Nayak, who died on July 6, 2007, near Sergarh under Khantapada police station limits.
The judgment was passed by Justice Aditya Kumar Mohapatra, who applied the principle of strict liability, holding the power distributor accountable regardless of proven negligence.
According to case records, Sanatan Nayak was en route to the local market when he unknowingly stepped into a rainwater puddle electrified by a snapped low-tension (LT) wire lying on the road.
Though rushed to the Balasore district headquarters hospital, he succumbed to injuries later that day. The incident left his family in dire financial and emotional distress, prompting Umamani to file a writ petition in 2008, seeking compensation.
While the petitioner referred to the Odisha Electricity Regulatory Commission (OERC) Compensation to Victims of Electrical Accidents Regulations, 2020, which mandates Rs 4 lakh compensation for fatal electrical accidents, the court clarified that the regulation could not be applied. However, it used the guideline as a reference point to assess fair compensation.
Based on the petition’s original prayer and the guiding framework of OERC, the court ordered Rs 2 lakh as interim relief, with 8% annual interest applicable from the date of the incident till payment.
If the company fails to meet the two-month deadline for disbursal, an enhanced 12% interest will apply until full settlement. The ruling also grants liberty to the petitioner to seek additional compensation through other appropriate legal forums under common law provisions.