VELLACHI AMMAL Vs. SUPERINTENDING ENGINEER SOUTH ARCOT DIVISION NORTH OFFICE OF THE SUPERINTENDING ENGINEER T N E B VILLUPURAM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree made in O.S. No. 55 of 1989 dated 24.9.1991 on the file of the learned Subordinate Judge, Villupuram.

(2.) THE appellant herein are the plaintiffs in the suit before the Trial Court. THE defendants are the legal representatives of the deceased one Arumuga Padayatchi who died on 9.12.1972 due to electrocution at Kallakurichi. THE appellants, being the dependents and legal representatives, had filed the suit seeking compensation for-, the death of their bread winner "of their family against the respondent"Tamil Nadu Electricity Board. "In support of their claim, the first appellant herein was examined as P.W.1, apart from marking Exhibits A-1 to A-18. On the side of the respondent no witnesses was examined and no document was marked. THE Trial Court considering the oral and documentary evidence dismissed the suit on the ground that the claim was barred by limitation. Aggrieved by which the appellants have preferred this appeal.

(3.) HOWEVER, as per Rule 91 of the Indian Electricity Rules, 1956, it is a mandatory duty on the part of the Electricity Board. to adopt safety measures" in order to prevent unexpected electrocution on account of severance of live wire, due to storm or speedy wind. Rule 91 of Indian Electricity Rules, 1956, reads as follows: