Family Boy Killed Electric Shock Gets Rs 10 Lakh Consumer Case

Finding them guilty of negligence, a consumer commission in Kerala recently directed the Kerala State Electricity Board (KSEB) and two other parties to pay Rs 10 lakh as ex gratia compensation to the mother of a 12-year-old boy who died of electrocution.

President Krishnan K and member Beena K G also awarded Rs 25,000 as compensation for mental agony and Rs 10,000 towards litigation costs.

“Legal heirs are entitled to receive and opposite parties are liable to pay a sum of Rs 10 lakhs as compensation. Death is caused by negligence of opposite parties. Failure to provide electricity safely thereby caused death of the child by short circuit,” the order read.

According to the complainant, her 12-year-old son died of electrocution on December 26, 2020. The post-mortem confirmed that the cause of death was electric shock, while a report submitted by the electrical inspector, Kasaragod, concluded that the accident occurred due to a leakage of electricity.

The complainant alleged that the death resulted from defects in the electrical system, poor maintenance and power leakage through the earth wire.

Alleging negligence and deficiency in service, the complainant moved consumer commission seeking Rs 10 lakhs as ex gratia amount and Rs 1 lakh for mental agony and Rs 25,000 as cost of litigation.

KSEB contested the complaint, arguing that the consumer commission lacked jurisdiction and that such compensation claims could only be decided by a civil court. It was further submitted that the mishap occurred due to the negligence of child and lack of proper attention by the building owner.

Rejecting the jurisdictional objection, the commission held that complaints alleging deficiency in service by an electricity supplier are maintainable before consumer fora.

“In case of inconsistency between the Electricity Act 2003 and Consumer Protection Act 1986, the provision of Consumer Protection Act will prevail. Therefore, complaint alleging deficiency in service by the electricity supplier remain maintainable before Consumer Commission,” the order read.

The commission further held that the Consumer Protection Act provides as an additional remedy and does not exclude other remedies. It added that the availability of a civil/suit does not bar a consumer complaint.

“A consumer may choose either remedy. The mere fact that damages are substantial or evidence is required does not oust consumer jurisdiction,” the order read.

Observing that the accident fell within Category A of KSEB’s Vidyuth Suraksha Scheme, the commission found that the legal heirs were entitled to receive Rs 10 lakh as ex gratia compensation.

It noted that the death was caused by the negligence of the opposite parties and that failure to provide electricity safely thereby caused the death of the child by a short circuit.

The commission therefore directed the opposite parties, including Kerala State Electricity Board and two other parties, to pay Rs 10 lakh as ex-gratia amount interest and Rs 25,000 as compensation for mental agony along with Rs 10,000 as litigation costs.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala helpline:1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More