NIRMALA THIRUNAVAKKARASU Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This is a suit for damages for loss of life.

(2.) The first plaintiff is the widow and plaintiffs 2 and 3 are the sons of late Thirunavukkarasu. The third plaintiff is the posthumous son of.late Thirunavukkarasu, who died on 20-10-1978 under tragic circumstances. The said Thirunavukkarasu owned a farm and a farm house at Sernmedu village Coimbatore taluk. High tension wires of 440 watts were running over the farm and the cart track in the form. On 20-10-1978 at about 7.45 p. m. when the deceased ThirunaIvukkarasu was in the farm house, he beard a strange cry of the bulls drawing the bullock cart and he immediately rushed out of the farm house to find out what was happen ing. As' he was so running he traded upon the high tension wire which had snapped and fallen over the farm and the cart track therein and was instantaneously struck dead by electrocution. The accident was due entirely to the negligence of the defendants, who are the State Electricity Board and the Pykara Electricity System. The high tension wires which are very dangerous to lives and properties do not snap and fall down. The fact that the wire had snapped and fallen down proves the negligence of the defendants in their proper maintenance. No precaution had been taken to see that in the event of wire snapping and falling down, there should be automatic disconnection of supply, of electric energy. No elementary precaution of periodical inspection of wires to ensure and satisfy that there is no reason able likelihood of the wires snapping and failing down has been taken by the defendants. Therefore, this is it clear case of reships liqueur. This tragic incident has completely shattered the first plaintiff in the prime of her life. She had a son at the time and was also pregnant. She was delivered of a posthumous child on 20-5-1979. The.defendants on account of whose negligence this accident has occurred are liable to pay compensation to the plaintiffs. The deceased was at the time of the accident was only 36 years old. He was bale and hearty and was suffering from no ailment. He would have normally lived up to 65 years of age. He was at the timeout his death employed as an Assistant Professor in the Coimbatore Agricultural College on a scale of Rs. 700-40-110050-1600 plus dearness allowance of Rs. 85. He was actually drawing Rs. 958 on 1-101979. If he had served for ten more, years he would have been normally promoted as Associate Professor in the College in the scale of Rs. 1200-50-1800-60-1900. In another ten years he would have been promoted as Professor in the college in the scale of pay of Rs. 1500-60-1800100-2000-125/225W. He would have in the total period of service earned a salary of Rs. 5,05,488. He would have been entitled to the deathsemiretirement gratuity of 16-1/2 months of pay limited to Rs. 30,000. He would also be getting a pension of Rs. 784 which he would have drawn at least up to the age of 65. Allowing for an expenditure of Rs. 2,000,00 on the part of the deceased, the plaintiffs would be entitled to a sum of Rs. 3,00,000' and the suit is laid to recover the same with subsequent interest and costs.

(3.) The first defendant. Tamil Nadu Electiicity Board, has filed a written statement the allegations in the plaint and acceptant the written statement filed by the second defendant.