CHAIRMAN, TAMIL NADU ELECTRICITY BOARD Vs. RAJESWARI

JUDGEMENT

(1.) The appellants herein are the defendants in O.S.No.43 of 2006 on the file of the District Court at Namakkal (Fast Track Court, Namakkal). The suit is laid for damages seeking compensation for the death of a certain Gunasekaran, due to electrocution stated to have resulted in consequent to the negligence of the appellants. Parties would be referred to by their rank before the Court below.

(2.) On 26.04.2000, at about 6.00 p.m., Gunasekaran had gone to his agricultural property, and on his return home at around 10.00 p.m., a high tension electric cable had snapped and lay on the ground without any caution or warning, and Gunasekaran, while on his way back home stepped on it and died. Alleging that the accident had occasioned solely due to the negligence of the appellants in maintaining its electric-lines, and claiming that Gunasekaran was an L.I.C. agent and was earning Rs. 10,000/- per month, his wife and the three minor children have sought Rs. 10,00,000/- as compensation with an interest at the rate of 12% per annum.

(3.) In the written statement, the fourth defendant had denied the accident and denied negligence on the part of the Tamil Nadu Electricity Board. Contrary to the allegation in the plaint, the electrical line involved was not high-tension electrical lines, but was a low tension line, and that they are maintained well. However, on the fateful day due to heavy rains coupled with severe wind, the said electrical line had snapped, and Gunasekaran was negligent in stepping on the electrical line. The snapping of the electrical line was due to the Act of God, and the defendants would be no way responsible for the same. The monthly income of the deceased as stated too was exaggerated.