Cuttack, May 12: Orissa High Court has ruled that electricity distribution companies cannot shirk the responsibility of safeguarding power lines to prevent electrocution.

The court held that the electricity distribution companies could take the defence that somebody committed mischief by drawing power illegally for a private property and the electrocution resulted from such diverted lines. "It is the lookout of the power distribution companies to prevent such pilferage by installing necessary devices," the single judge bench of Justice A.K. Rath said.

Justice Rath made the observation while considering two separate cases of Northern Electricity Supply Company of Odisha (Nesco)'s "lackadaisical attitude" and "negligence" in maintaining an electric line that had in one case led to the death of a woman and in another case the death of eight cows and bullocks.

The woman - Pramila Singh - had died on the spot after coming into contact with a snapped electric wire while crossing a village road under Jaleswar police station limits on April 30, 2003.

Six cows and two bullocks had died on the spot after coming into contact with a live wire that had snapped in a nearby water body at a village under Dhusuri police station limits on July 20, 2000.

"Authorities in charge of such dangerous commodities have the duty to chalk out measures to prevent such mishaps. The power distribution company cannot shirk responsibility of maintenance on trivial grounds," Justice Rath ruled while allowing two separate petitions for compensation in his orders on April 26.

Justice Rath further held that the electricity distribution companies, which are undertaking an activity involving hazardous or risky exposure to human life, are liable to compensate for the injury suffered by any other person "irrespective of any negligence or carelessness on the part of the managers of such undertakings. The basis of such liability is the foreseeable risk inherent in the very nature of such activity".

On the petition filed by Pramila's husband Manga Singh in 2007, Justice Rath, in his order directed, Nesco to pay him and his children an interim compensation of Rs 2 lakh.

Justice Rath on the other petition filed by Jagannath Mallick in 2000, directed Nesco to pay interim compensation of Rs 65,000 for the death of six cows and two bullocks.

Justice Rath directed for payment of the interim compensations within two months leaving the petitioners in both the cases to work out their remedies in the common law forum for higher compensation.