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1983 Supreme(Mad) 578

S.A.KADER
Nirmala Thirunavakkarasu – Appellant
Versus
T. N. Electricity Board – Respondent


Advocates:
P. Seshadri, for Plaintiffs, S. Ramalingam, for Defendants.

Judgement

ORDER :- This is a suit for damages for loss of life.

2. The first plaintiff is the widow and plaintiffs 2 and 3 are the sons of late Thirunavukkarasu. The third plaintiff is the posthumous son of late Thirunavukkarasu, died on 20-10-1978 under tragic circumstances. The said Thirunavukkarasu owned a farm and a farm house at Semmedu village Coimbatore taluk, High tension wires of 440 watts were running over the farm and the cart track in the form. On 20-10-1978 at about 7.45 p. m. when the deceased Thirunavukkarasu was in the farm house, he heard a strange cry of the bulls drawing the bullock cart and he immediately rushed out of the farm house to find out what was happening. As he was so running he treaded upon the high tension wire which had snapped and fallen over the farm and the cart track therein and was instantaneously struck dead by electrocution. The accident was due entirely to the negligence of the defendants, who are the State Electricity Board and the Pykara Electricity System. The high tension wires which are very dangerous to lives and properties do not snap and fall down. The fact that the wire had snapped and fallen down proves the negligence of the defendan





































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