Stating that it has no jurisdiction to determine compensation in cases of accidents resulting in injuries or deaths owing to wrong doings of electricity supply or distribution, the High Court of Karnataka held that claimants must approach the civil court by way of civil suits, where all the question of facts can be established with relevant evidence proved in accordance with law.
Justice Vineet Kothari passed the order while disposing of several petitions, filed by parents and relatives of those who either suffered injuries or died due to electricity related accidents in different parts of the State, seeking compensation from the power distribution companies like Karnataka Power Transmission Corporation Ltd. and Bangalore Electricity Supply Company Ltd.
The court pointed that the Fatal Accidents Act, 1855, which actually covers the field of such cases of accidents and cause of death, where on the basis of tortious liability can be fixed on the electricity supply and distribution companies.
Observing that it is not appropriate for the High Court to exercise writ jurisdiction under Article 226 of Constitution of India, the High Court directed all the claimant-petitioners to file appropriate civil suits in competent civil courts and if such civil suits are filed within a period of 60 days the civil courts shall waive limitation period for filling suits.
