CHAIRMAN TAMIL NADU ELECTRICITY BOARD MADRAS Vs. LALITHA

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree, dated 29. 07. 1994 made in O. S. No. 81 of 1992 on the file of the Subordinate Court, Arni.

(2.) THE respondents / defendants are the Legal Representatives of one V. Shanmugam, who died on 27. 09. 1989 at about 10 a. m, while he set his feet on a severed live electric wire that had fallen on the ground in an agricultural field, belonging to one Munuswamy Naidu in S. U. Vanam, Arni Taluk and died of electrocution instantaneously. After the death of Shanmugam, it was reported to the police, FIR was registered and postmortem was also conducted. The Tahsildar, Arni issued Death Certificate, Ex. A. 2 and also Legal Heirship Certificate, Ex. A. 3. It is not in dispute that the first respondent is the wife and the respondents 2 and 3 are the minor children and as such they are the Legal Heirs of the deceased.

(3.) BEFORE the trial court, on the side of the respondents, the first respondent was examined as P. W. 1, apart from another witness; P. W. 2 and Exs. A1 to A29 were also marked. On the side of the appellants / defendants, D. W. 1 was examined and no document was marked on the side of the appellant herein. Considering the oral and documentary evidence, the trial court has held that the claims of the respondents / plaintiffs have been proved and accordingly decreed the suit and directed the appellants to pay a sum of Rs. 90,000/- as compensation to the respondents herein. Aggrieved by which, this appeal has been preferred by the appellants / defendants.