GURUVAMMAL AND OTHERS Vs. SUPERINTENDING ENGINEER, TAMIL NADU ELECTRICITY BOARD, VIRUDHUNAGAR AND OTHERS

JUDGEMENT

(1.) The petitioners have filed the present writ petition seeking writ of mandamus directing the respondents/TNEB to pay a sum of Rs.5 lakhs as compensation together with interest at 12% per annum from 13.05.2005 for death of Late Velu on account of the electrocution caused by the live wire.

(2.) The 1st petitioner s husband, Late Velu, was a night watchman working at Jayanthi Gas Agency at Srivilliputtur and was getting a monthly salary of Rs.2,000/- per month and in addition to that, he was also working as a load man for taking the gas cylinders to the customers, by earning a sum of Rs.3,000/-per month. Unfortunately, on 28.09.2003 at about 10 p.m., after visiting his relative at Kottaipatti, while he was returning via. Singamada Street at Srivilliputtur, he came in contact with a live wire left on the street and as a result, he was died on the spot due to electrocution of the live wire, which has not been maintained properly by the respondents-TNEB. Thereupon, a complaint was lodged before the Srivilliputtur Town Police Station in Crime No.135 of2004. After investigation, the police have filed a criminal case under Section304-A of IPC before the Judicial Magistrate Court No.2, Srivilliputtur, against the respondents 2 to 4 in C.C.No.295 of 2004. Subsequently, the postmortem certificate also reveals that the deceased Velu died on sudden cardiac arrest due to high voltage electric shock. Therefore, it is clear that the deceased Velu was died on account of electrocution caused by a live wire left unattended due to carelessness by the respondents- TNEB.

(3.) Though the learned counsel for the respondents has urged before this Court on the ground that the respondent cannot be held responsible, the learned counsel for the petitioner relied with the judgment of the Apex Court in the case of Parvathi Devi and Others v. Commissioner of Police, Delhi and Others, 2000 3 SCC 754, wherein it was held that if the death occurs on account of the electrocution, the authorities concerned must be held responsible for the death in question. Therefore, when the cause of the death of the first petitioner s husband Late Velu was established beyond the doubt that he had died due to the electrocution, this Court proceeds to decide the quantum of compensation.