The AP Electricity Regulatory Commission (APERC) has amended the APERC Compensation to Victims of Electrical Accidents Regulation, 2017, (Principal Regulation) to facilitate payment of compensation even in cases where there is no wrongful act, omission, rashness, neglect or default on the part of the power distribution companies (DISCOMs) and irrespective of the place of an accident in the manner specified under chapter-Ill of the Principal Regulation.
The APERC made the amendment in exercise of its powers under sections 181(2) (za) and (zb) (read with sections 57 and 59 of the Electricity Act, 2003). A notification to this effect was published in the A.P. Gazette on December 27, 2023.
It was mentioned in the notification that the CMD of the eastern DISCOM had recently requested the APERC to amend the regulation(s) to give directions on the quantum of ex gratia under different scenarios of electrical accidents that occur to non-departmental persons and animals in a DISCOM network and where there it (the DISCOM) is not at fault.
In this regard, the A.P. Lokayukta opined that the principle of the Doctrine of Strict Liability imposes liability on a person undertaking an activity involving hazardous or risky exposure to human life to compensate for the injury suffered by any other person irrespective of any negligence or carelessness on the part of that person and even if measures to prevent mishaps have been adopted.
After a careful consideration of the EPDCL’s request and the Lokayukta’s opinion, the APERC came to the view that there was a need to provide compensation for fatal/non-fatal electrical accidents involving non-departmental individuals or animals, even when there is no default on the part of the DISCOMs.
The APERC opined that it was the duty and obligation of the DISCOMs to ensure that the internal wiring of the prospective consumers was in compliance with the prescribed standards and not release the supply otherwise.
