LAWS(MAD)-2012-2-462

ALAMELU Vs. STATE OF TAMIL NADU

Decided On February 29, 2012
ALAMELU Appellant
V/S
STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) This Writ Petition, at the instance of a widow and eye witness to the unfortunate incident of electrocution of her husband, seeks a direction to the Electricity Board to pay a sum of Rs. 10,00,000/- (Rupees ten lakhs only) as compensation.

(2.) While so, on 04th May, 2011, at about 05.00 a.m., the Petitioner along with her husband were proceeding to open the hotel. Suddenly, the electric wires got snapped and fell on her husband who was ahead of her. He was electrocuted in the immediate presence of the Petitioner. Though the Petitioner tried to rescue, bystanders prevented her from touching him. The husband of the Petitioner died after screaming and crying in front of her own eyes. Electricity was later switched off and thereafter, the body was removed for Post-mortem. The Police registered a case in Crime No. 261 of 2011 under Section 174 of the Code of Criminal Procedure. The Post-mortem Certificate issued by the Medical Officer, Government Hospital, Natham indicates that her husband died of shock and hemorrhage due to electrocution.

(3.) According to the Petitioner, the death was solely on account of the negligence on the part of the officials of Electricity Board. The deceased was aged 39 years as on the date of his death. He was survived by the Petitioner and two minor children. The sudden death caused immense pain and sufferings to the family. Therefore, the Petitioner seeks a sum of Rs. 10,00,000/- as compensation.