TAMIL NADU ELECTRICITY BOARD Vs. KOGILA

JUDGEMENT

(1.) The appellants before this Court are the defendants in O.S.No.53 of 2011 on the file of the Subordinate Court, Harur, being aggrieved by the decree passed against them in the suit for damages filed by the legal heirs of Kumaran, who died due to fall of electrical pole on him, this first appeal is filed.

(2.) The suit claiming damages of Rs.10,00,000/- was filed on the premise that on 17/12/2010 at about 7.00 pm, when the deceased Kumaran resident of Pananthoppu Village, Harur Taluk, Dharmapuri District, was standing near the house of one Madesh and talking to him, the electrical pole ill-maintained by the defendants, broke and fell on Kumaran. He was severely injured beside electrocuted. He died on his way to hospital. Post mortem report says that he died due to electrical shock and vital organ injuries.

(3.) Plaintiffs 1 to 4 are the wife, two minor children and the mother of the deceased respectively. The suit under Order XXXIII as "informa pauperis" filed by them after causing notice alleging that the fall of electrical pole was due to poor maintenance and negligence on the part of the defendants. For the loss of their Kartha Kumaran, defendants 1 to 4 are liable to compensate his dependants/legal heirs, who are the plaintiffs in the suit.