K SUNDARI Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF ELECTRICITY AND; CHAIRMAN, TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has come forward with this petition seeking for the relief of direction to the respondents to pay adequate compensation to the petitioner and her minor children as the living electricity wire snapped and fell on the street snatched the life of her husband, one Kanniappan.

(2.) The case of the petitioner is that her husband was working as a piece work civil contractor and earning not less than Rs. 200/- per day and he was aged about 50 years at the time of his death. It is submitted that while the petitioner's husband was returning to his house on the way he came into contact with the live wire hanging from above snapped and fell on the street, namely, Shivaji Street, T. Nagar, Chennai, on 9.10.1998 and died on the spot due to electrocution.

(3.) The further case of the petitioner is that the second respondent department gave a police complaint and the body of her husband was also subjected to postmortem examination. The opinion of the Doctor as per the postmortem certificate is that the deceased died due to electrocution. It is submitted that the live wire which fell on the street wherein the occurrence said to have taken place was under the care and maintenance of the department of the second respondent. In view of the death of the husband of the petitioner, who was the sole bread winner of the family, the petitioner along with her three children are unable to make their ends meet. Thereafter, the petitioner sent a representation to the second respondent on 5.2.1999 requesting for adequate compensation and the said representation was received and acknowledged by the second respondent and no reply was given by the second respondent till the filing of the Writ Petition. Hence the petitioner has been constrained to come forward with this Writ Petition.