A consumer commission in Kerala has held the state electricity board liable for the electrocution of a 12-year-old boy, ordering a total payout of Rs 10.35 lakh to the victim’s mother.
The award, finalized by Commission President Krishnan K and member Beena K G, directs the Kerala State Electricity Board (KSEB) and two associated parties to provide Rs 10 lakh as ex gratia compensation. The commission also ordered an additional Rs 25,000 for mental agony and Rs 10,000 to cover the complainant’s legal costs.
Incident And Investigation Details
The fatal incident occurred on December 26, 2020. An autopsy confirmed that the child died from an electric shock, while an official inquiry conducted by the electrical inspector in Kasaragod identified a current leakage as the cause of the accident. In her complaint, the mother alleged that poor maintenance, system flaws, and power leaking through an earth wire led to her son’s death.
Legal Disputes And Jurisdiction
KSEB fought the claim, raising jurisdictional objections. The state utility argued that substantial damages of this nature must be litigated in a civil court rather than a consumer forum. Additionally, KSEB alleged that the tragedy was caused by the victim’s own carelessness and a lack of oversight by the property owner.
The commission rejected these arguments, asserting its jurisdiction. It ruled that consumer protection laws provide supplementary remedies that are not canceled out by the availability of a civil lawsuit. The panel clarified that if any contradiction arises between the Electricity Act of 2003 and the Consumer Protection Act, the consumer-centric legislation takes precedence.
Ultimately, the panel concluded that KSEB failed to maintain safe electrical infrastructure, resulting in the fatal short circuit. The commission noted that the fatality qualified as a Category A accident under KSEB’s own Vidyuth Suraksha Scheme, justifying the Rs 10 lakh ex-gratia amount.
