Res ipsa loquitur inference applied to workplace electric-shock injury, employer held liable and compensation awarded.

Res ipsa loquitur was applied because the cause of the electric-shock injury lay within the employer's exclusive knowledge and no effective explanation was offered, permitting an inference of negligence and establishing liability. The Workmen's Compensation Act definitions did not cover the injured watchman as a workman under Schedule II, but indemnity principles were noted as potentially relevant against another employer party. Quantum was fixed after assessing proved medical expenses, severity of burns, ongoing treatment needs and future loss of earning capacity; compensation was awarded to the injured employee with statutory interest if unpaid.

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Issues: Whether the Kerala State Electricity Board is liable to pay compensation to the employee/watchman (second petitioner) for injuries caused by electric shock within the company premises, and if so, what is the quantum of compensation.

Analysis: The applicant proved that the second petitioner sustained electric-shock burns on January 1, 1989, within the company premises. The precise mechanism by which the stay wire became live was not established by the respondents despite inspection; the respondents' explanation that a dropped conducting material placed the stay wire live was not proved. Given that the cause of the accident lay within the exclusive knowledge of the respondents and that the stays and line conditions were not shown to be free of defect, the principle of res ipsa loquitur applies, permitting an inference of negligence by the respondents. The Workmen's Compensation Act definitions do not cover the second petitioner as a "workman" under Schedule II, and even if the official liquidator were prima facie liable under that Act, section 12 would permit indemnity against the Board. On quantum, the proved medical expenses, nature and seriousness of burns, ongoing treatment needs, and likely loss of earning capacity were considered; a fair, compensatory award was fixed after assessing pain and suffering, medical costs, and future disability.

Conclusion: The Kerala State Electricity Board is liable to pay compensation to the second petitioner; compensation is fixed at Rs. 30,000 to be paid within two months, with interest at 6% from the date of filing if not paid.

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