LAWS(MAD)-2020-1-46

UNION OF INDIA Vs. SELVI

Decided On January 03, 2020
UNION OF INDIA Appellant
V/S
SELVI Respondents

JUDGEMENT

(1.) The appeal suit on hand is filed challenging the judgment and decree passed in O.S.No.64 of 2010 dated 21.09.2011. The appellant is the Union of India represented by the Chief Secretary to Government, Union Territory of Puducherry, challenged the judgment and decree mainly on the ground that the quantum of compensation awarded is enormous and not based on materials placed before the Trial Court.

(2.) The Trial Court failed to consider the contributory negligence on the part of the deceased person and awarded an exorbitant amount of compensation. At the outset, it is contended that the award of Rs.6,00,000/- as compensation to the respondent is baseless and the materials placed before the Trial Court had not been considered.

(3.) The suit was instituted for directing the respondents to pay a sum of Rs.7,92,000/- with interest at the rate of 12% per annum, on account of the death of the father of the plaintiffs Mr.Kuppusamy on 12.03.2009, on account of electrocution. On 12.03.2009, at about 9.30 AM, the deceased Mr.Kuppusamy had went to the land of Mr.Shanmugam, S/o. Velayutham of Silukkaripalayam village, near the canal without noticing the snapping of line wire hanging down towards to the ground happened to contact him and immediately with the help of the wife had rushed to the General Hospital, Puducherrry, wherein he was reported dead at 9.30 AM itself.