Saraswati Badhei And Another vs M/S. Tata Power Western Odisha
2026 Latest Caselaw 71 Ori

Orissa High Court

Saraswati Badhei And Another vs M/S. Tata Power Western Odisha on 6 January, 2026

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               RSA No. 267 of 2025


            Saraswati Badhei and another            ....                 Appellants
                                                                Represented by
                                                     Mr. R.N. Debata, Advocate

                                              -Versus -


            M/s. Tata Power Western Odisha           ....                 Respondent

Distribution Limited, Sambalpur Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 06.01.2026 Order No. 1. This matter is taken up through hybrid mode.

2.

2. Heard Mr. R.N. Debata, learned counsel for the appellants. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i. Whether the Courts below erred in law in absolving the respondent of liability despite it being the statutory duty holder responsible for maintaining the safety of electricity supply under the Electricity Act and allied regulations?

ii. Whether the doctrine of strict liability and/or res ipsa loquitur was incorrectly ignored by the Courts below in the context of the present electrocution death?

iii. Whether the Courts below failed to consider the overarching duty of care owed by the electricity distribution company even within consumer premises?

4. Issue notice to the respondent by speed post fixing a short returnable date. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the month of October, 2026.

(Sashikanta Mishra) Judge B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 07-Jan-2026 11:39:38