T. MUTHU Vs. CHAIRMAN AND MANAGING DIRECTOR
LAWS(MAD)-2022-1-114
HIGH COURT OF MADRAS (FROM: MADURAI)
Decided on January 12,2022

T. MUTHU Appellant
VERSUS
CHAIRMAN AND MANAGING DIRECTOR Respondents


Referred Judgements :-

BURMAH CONSTRUCTION COMPANY VS. STATE OF ORISSA [REFERRED TO]


JUDGEMENT

- (1.)This Writ Petition has been filed in the nature of Mandamus seeking a direction against the Chairman and Managing Director, Tamilnadu Electricity Board Limited and the Chairman and Managing Director, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO)/ Respondents 1 and 2 to grant compensation of Rs.20,00,000.00 for negligence, careless and breach of duty, which caused the death of the son of the petitioner due to electrocution.
(2.)The son of the petitioner, by name, M.S.Manojkumar was aged 13 years. On 19/9/2017, he went out of the house to look after his grandmother in the next street at around 08.00 pm. At that time, it was raining. While crossing the lane, he touched an electric pole kept by a private person, through which, the electricity supply given by the Tamil Nadu Electricity Board passed. It is claimed that earthing facility was not provided in the pole. The boy was electrocuted and he died. Claiming that the death was due to negligence of the respondents, the Writ Petition has been filed. The petitioner had sent a representation. But, there was no response.
(3.)A counter had been filed on behalf of the respondents, denying negligence. It was stated that the Electricity Board had often advertised that electric poles should not be touched during rain. It was also stated that because the deceased had come into contact with the wire of the electricity transmission, he had died. This would not by itself be a reason to claim that there was negligence on the part of the respondents. It was also stated that there was heavy rain and wind and therefore, the boy died due to the Act of God.


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