Bombay HC asks Maha discom to compensate non-employee for accident

The Bombay High Court has directed government-owned Maharashtra State Electricity Distribution Company Ltd (MSEDCL) to pay compensation to a man who lost both his arms while carrying out repair work at one of its sub-stations.

In an order passed on Tuesday, a bench of justices Akil Kureshi and S J Kathawalla directed the MSEDCL to pay compensation to one Sadashiv Katke who met with the accident in 2018.

As per Katke's plea, though he wasn't an employee of the MSEDCL, he had been called in on the day of the accident by a technician and an operator of an MSEDCL sub-station in Bombay to climb an 11-kilowatt pole to repair some power lines.

Katke was told the power supply to these lines would be disconnected while he carried out the repair work.

However, when he climbed the pole and began the work, it turned out that the sub-station staff had not turned off the power supply.

Katke received an electric shock and fell off the pole. He sustained serious injuries in the accident and both his arms had to be amputated.

While the MSEDCL has a policy of paying ex gratia compensation to its injured employees, Katke's claim was disputed by the company on the ground that he wasn't an employee.

The MSEDCL also contended before the court that Katke had been called in by two of its employees "who had no power" to call someone from outside for repair work without due permission.

The court, however, ruled that since Katke had the accident on account of being called for repair work by two MSEDCL employees, the company "could not escape the liability" to pay him an appropriate compensation.

"This petition is filed by an unfortunate person who received serious injuries which have rendered him virtually totally disabled to do any manual or skilled work to earn his living," the bench said.

It directed Katke to approach the MSEDCL with a fresh application for compensation and said the company must award him an amount in accordance with the nature of the accident and its compensation policy etc.

"The MSEDCL cannot escape its liability to pay the compensation. For such purpose, the petitioner will approach the MSEDCL with appropriate application and documents. The MSEDCL shall release the compensation payable as per its policy within four weeks from the date of receipt of such an application," the court said.