RICHARD SUARES Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner prays for a Mandamus to direct the respondents to pay a sum of Rs. 5,00,000/- as compensation towards the death of the petitioner's daughter, who was aged 13 years, owing to electrocution on 13. 4. 2001.

(2.) THE petitioner contends that his daughter died on 13. 4. 2001 due to electrocution arising out of negligence on the part of the respondents. She was studying VIII Standard in Doveton Corrie Girls' Higher Secondary School, Vepery, Chennai. On 13. 4. 2001, which was a Good Friday, the petitioner's family, along with the deceased, were returning home after attending the service at St. Andrews Church at about 11. 15 a. m. The petitioner's daughter went to the Bakery for purchase of some biscuits and while walking on the side of the public road, she stepped into a puddle of water collected due to rain. A high voltage cable was left uncovered near the surface, as a result of which, the petitioner's daughter was electrocuted and died on the spot. First Information Report was filed at the Vepery Police Station and post mortem certificate was also issued, disclosing the cause of death as due to electrocution. The post mortem certificate was issued by the Institute of Forensic Medicine, Madras Medical College, Chennai, on 14. 4. 2001.

(3.) THE petitioner contends that the death was due to carelessness and negligence on the part of the respondents. The deceased was a bright student and the parents had great hopes and plans for her future. Their family was a poor middle class family and they had great hopes on the deceased, as well as they were deprived of her love and companionship. With the result, the petitioner had prayed for the compensation.