Thiruvananthapuram: In a landmark award, the Permanent Lok Adalat for Public Utility Services has directed the Kerala State Electricity Board Ltd (KSEBL) to pay Rs 36.5 lakh as compensation to the mother of a 21-year-old youth, Sanu, who died of electrocution in Kollam in 2021.The adalat directed KSEBL to pay the amount with 6% annual interest from June 5, 2023, the date on which the petition was filed, along with Rs 10,000 towards litigation costs.Sanu died on Oct 21, 2021, after an iron pipe he was using to pluck coconuts on the premises of his house at Sakthikulangara came into contact with a live overhead power line. His mother, Sathyabhama, approached the adalat seeking compensation, alleging negligence in the maintenance of the electricity distribution system.KSEBL denied negligence and argued that the accident occurred because Sanu used an iron pipe near the power line. It also contended that the Rs 2 lakh paid to the family as ex gratia constituted a full and final settlement.The adalat, however, held that KSEBL had failed to produce convincing evidence to show that the protective fuse and other safety systems were properly maintained and functioning at the time of the accident. It observed that a properly functioning protection system should have automatically disconnected the power supply when the iron pipe came into contact with the live conductor.Applying the principle of strict liability governing the transmission and distribution of electricity, the adalat held KSEBL liable for the death. It assessed the total compensation at Rs 38.5 lakh, including Rs 37.66 lakh towards loss of dependency and future prospects. After deducting the Rs 2 lakh paid as ex gratia, the adalat fixed the compensation payable at Rs 36.5 lakh.The award was passed by chairperson Sherine Agnes Fernandez and member N. Jeevan after the Kerala high court set aside an earlier order dismissing the petition and directed the adalat to rehear the matter. Under Section 22E of the Legal Services Authorities Act, 1987, an award of a Permanent Lok Adalat is final and binding on the parties and is deemed to be a decree of a civil court. No regular appeal lies against such an award, though it may be challenged before HC under its writ jurisdiction.
