Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ d) Human Rights Violations by Other State Agencies 17. Death of Shri Dirisam Lajer, an agricultural labourer by electrocution - Case No. 147/1/2001-2002(FC) 4.107 The Commission received a complaint dated 19-1-2001 from Smt. Dirisam Swarooparani w/o Late Dirisam Lajer resident of Krishna District, Andhra Pradesh, an agricultural labourer, having three children and no landed property, alleging that on 24-5-1999 her husband Shri D. Lajer, while cutting grass in the fields of a farmer, came in contact with a live electrical wire lying under the grass and died due to electric shock. 4.108 Taking cognizance, the Commission issued a notice to the Secretary, Department of Power, Government of Andhra Pradesh and Chairman, Andhra Pradesh Electricity Board and called for a report. In response, it was admitted in the report received from the Chief Engineer, Southern Power Distribution Company of Andhra Pradesh Limited that the wire lying under Katuru Sub Station–II snapped due to heavy gale and rain and had fallen on sugarcane plant without touching the ground. The victim while passing through the sugarcane field came in contact with the snapped live electrical wire and got electrocuted. The Southern Power Distribution Company of A.P. Ltd. had sanctioned an ex-gratia amount of Rs. 10,000/- to the legal heirs of the deceased. 4.109 The Commission considered the response from the State Government and in the light of the rule of strict liability propounded in the celebrated case, Rylands Vs. Fletcher – LR 3 HL 330:19LT 220 and followed by the Hon’ble Supreme Court of India in M.P. Electricity Board Vs. Shail Kumari and others AIR 2002 SC 551, considered it a fit case for award of interim compensation u/s 18(3) of the Protection of Human Rights Act 1993, to the widow of the deceased. Accordingly, a show cause notice was issued on 20-11-2003 to the Chairman and Managing Director, Southern Power Distribution Company of A.P. Limited. 4.110 In response to the show-cause notice, the Chairman and Managing Director of the Company vide his communication dated 29-12-2003, reiterated that Shri D. Lajer had died accidentally as a result of coming in contact with a live wire which had snapped due to heavy gale and rain, and there was no negligence on the part of any public servant. 4.111 Vide its proceedings dated 5-3-2004, the Commission observed that a precious life had been lost due to electrocution. The Commission invoked the principle of “strict liability” and also observed that a State is liable not only for the negligent act of its public servants in such like situations, but also for the failure on the part of the public servants to take care to prevent such foreseeable risks, which are inherent in the very nature of such activity. The Commission noted that the payment of an ex-gratia amount of Rs.10,000/- to the widow of the deceased by the Company was grossly inadequate. The Commission therefore 44 AR-Chapter-1-19-10-6-06.p65 National Human Rights Commission Annual Report - 2004-2005 64 7/17/06, 6:29 PM