LAWS(MAD)-2019-11-600

C.MUNUSWAMY Vs. STATE OF TAMIL NADU

Decided On November 07, 2019
C.Munuswamy Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This Writ Petition has been filed seeking compensation for the death of petitioner's son due to electrocution.

(2.) The grievance of the petitioner is that, the petitioner's son by name Dilip, who was 20 years old at the time of his death due to electrocution. On 06.12.2012, at about 7.30 a.m. when he was going through the land belonging to Sri Ranganathar Perumal Koil to answer nature call, he was hit by a low lying high tension (H.T.) electric line crossing over the land. The HT line was lying very low in that area, and many times, several animals were killed by electrocution in that place. Thereafter, the petitioner has made a complaint before the Shankar Nagar Police Station, and a criminal case was registered in Crime No.4243/2012 under Sec.174 Crl.P.C. According to the petitioner, the 2nd respondent did not maintain the electric line properly, and the heavy tension electric line was lying very low in that area. Inspite of several complaints filed by the public to the respondents authority, no action has been taken to rectify electric line. Hence, the electrocution had occurred due to the negligence on the part of the respondents for not maintaining the electric line properly. Since the accident had taken place due to the negligence on the part of the 2nd respondent, the 2nd respondent is liable to pay suitable compensation.

(3.) According to the petitioner, the deceased was earning Rs.300/- daily, as a painter, and he was the sole bread-winner of the petitioner's family. Hence, the petitioner has made a representation to the respondents to pay fair compensation, but it was not considered. Hence, the present Writ Petition has been filed.