Electricity boards are liable for negligence in the maintenance of transmission lines and must take necessary precautions against dangers of live wires snapping and falling down.

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 defendants in their proper maintenance. No precaution had been taken to see that in the event of wire snapping and falling down, there should be automatic disconnection of supply of electric energy. No elementary precaution of periodical inspection of wires to ensure and satisfy that there is no reasonable likelihood of the wires snapping and falling down has been taken by the defendants. Therefore, this is a clear case of res ipsa loquitur. This tragic incident has completely shattered the first plaintiff in the prime of her life. She had a son at the time and was also pregnant. She was delivered of a postthumous child on 20-5-1979. The defendants on account of whose negligence this accident has occurred are liable to pay compensation to the plaintiffs. The deceased was at the time of the accident was only 36 years old. He was hale and hearty and was suffering from no ailment. He would have normally lived up to 65 years of age. He was at the time of his death employed as an Assistant Professor in the Coimbatore Agricultural College on a scale of Rs. 700-40-1100-50-1600 plus dearness allowance of Rs. 85. He was actually drawing Rs. 958 on 1-10-1979. If he had served for ten more years he would have been normally promoted as Associate Professor in the College in the sale of Rs. 1200-50-1800-60-1900. In another ten years he would have been promoted as Professor in the college in the scale of pay of Rs. 1500-60-1800-100-2000-125/22500. He would have in the total period of service earned a salary of Rs. 5,05,488. He would have been entitled to the death-cum-retirement gratuity of 16-1/2 months of pay limited to Rs. 30,000. He would also be getting a pension of Rs. 784 which he would have drawn at least up to the age of 65. Allowing for an expenditure of Rs. 2,000,00 on the part of the deceased, the plaintiffs could be entitled to a sum of Rs. 3,00,000 and the suit is laid to recover the same with subsequent interest and costs.

3. The first defendant. Tamil Nadu Electricity Board, has filed a written statement denying the allegations in the plaint and adopting the written statement filed by the second defendant.

4. The second defendant Pykara Electricity System represented by its Superintending Engineer has filed a separate written statement. According to the second defendant, there were heavy rains in the area from the beginning of Sept. till the end of Oct., 1978 and on 20-10-1978 there was heavy rain, thunder and lightning followed by heavy wind. Because of the heavy rain, thunder, lightning and wind, the head of pin insulator in the cross arm broke and the live wire slipped from the cross arm and was hanging on the right side of the cart track little above the ground. The deceased was then driving a bullock cart which was carrying the paddy thrashing machine. T