TAMIL NADU ELECTRICITY BOARD Vs. THANGARAJU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated dated 08.09.1995 made in O.S.No.113 of 1992 on the file of Subordinate Judge, Chidambaram.

(2.) THE appellants herein were the defendants in the suit before the Trial Court. THE case of the respondent/plaintiff is that on 11.03.1990 at about 8.00p.m., their daughter Vasanthi, who was studying, 6th standard, died due to the broken down of electric post in the village. It is not in dispute that Vasanthi, the minor daughter of the respondents had died on 11.03.1990, on account of the falling of a damaged electric post, while the girl was worshiping the goddess, Kannaiamman Deity in a procession at Chinnanagaram colony. When the Deity of the goddess was taken out in a procession, the minor girl was standing nearby the electrical post. While, the procession was carring the Deity at a turning, a small wooden post used for carrying the Deity had touched the electric post and the electric post which was already in a damaged condition, got broken down and fell down on the minor girl and hit her, due to which, she died on the spot.

(3.) IN the written statement filed by the appellants herein, as defendants before the Trial Court, the death of Vasanthi, daughter of the respondents on 11.03.1990, has not been disputed. According to the appellants herein, on 11.03.1990 at about 8.30p.m., on account of 'Masimagam' festival, while the village people carrying the Deity of Kanniyamman, in a procession, at a turning print in a very narrow and crowded lane, one of the big logs used for carrying the Deity, forcibly dashed and hit against the electric pole, which resulted in the electric post, being broken down and causing the accident.