VidhiSangh

Supreme Court of India · 04/05/2025

POWERGRID CORPORATION OF INDIA LIMITED versus CENTRAL ELECTRICITY REGULATORY COMMISSION & ORS.

[2025] 6 S.C.R. 123 · 2025 INSC 626

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Summary

Powergrid claimed de-capitalisation of three inter-connecting transformers in its Rihand I transmission system that burnt out in 2006 and additional capitalisation of the transformers diverted to replace them; the CERC and the Appellate Tribunal for Electricity rejected the claims and held the net cost had to be met from Powergrid's self-insurance reserve. The Supreme Court dismissed the appeals, holding that Regulation 53 of the CERC Tariff Regulations, 2004 does not cover replacement of damaged transformers (which is operation and maintenance, not additional works, and the assets were not old), that the loss was covered by the self-insurance policy because fire was the proximate cause of the damage, and that the question of a revised availability certificate therefore did not arise.

Issues

  1. Whether the Appellate Tribunal and the CERC were justified in rejecting the claim for additional capitalisation on replacement of the damaged inter-connecting transformers.
  2. Whether the appellant's self-insurance policy covered the cost of replacing the damaged transformers.
  3. Whether the Appellate Tribunal should have directed the Member Secretary of the Northern Regional Power Committee to issue a revised availability certificate for the transmission assets.

Provisions considered

Held

Result

Appeals dismissed; no costs.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 123.