TAMIL NADU ELECTRICITY BOARD Vs. SUMATHI AND OTHERS

JUDGEMENT

(1.) WE grant leave to appeal.

(2.) THE questions, which arise for consideration in this batch of eight appeals, are: (1) can the High Court under Article of the Constitution award compensation for the death caused due to electrocution on account of improper maintenance of electric wires of equipment by the Tamil Nadu Electricity Board, the appellant; and (2) whether the High Court while exercising jurisdiction under Article of the Constitution appoint an arbitrator under the Arbitration and Conciliation Act, 1998 (new Act) to decide the quantum of compensation and then make the award of the arbitrator Rule of the Court.

(3.) SHAKUNTALA Devi case was a petition under Article of the Constitution where Shakuntala Devi had claimed compensation of Rs. 5 lakhs on account of death of her husband, who got electrocuted by a live wire of electricity of the respondent. A live main electricity cable/wire which was resting on an electricity pole had got snapped and was lying in the rainy and water lodged village. Various complaints were made by the residents of the village to the officers of the respondent, which was statutorily bound to maintain electrical installation lines in proper conditions. Deceased was not aware of the electricity leakage and when he came in contact with the live cable he got electrocuted on the spot and died instantaneously. According to Shakuntala Devi this was on account of criminal negligence on the part of the respondent. The Court observed that as this disaster had left the petitioner and her young children destitute, the present petition was moved under Article of the Constitution presumably relying upon petitioner's fundamental rights under Article of the Constitution which had got adversely affected on account of the negligent act of the officials of respondent. In these circumstances this Court said that it was a fit case to exercise its jurisdiction under Article of the Constitution and granted relief to Shakuntala Devi. This Court, however, did not go into the question of infringement of the rights of Shakuntala Devi guaranteed under Article of the Constitution.