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2011 Supreme(Mad) 3567

T.MATHIVANAN
Assistant Engineer, Operation and Maintenance, Tamil Nadu Electricity Board – Appellant
Versus
Madammal – Respondent


Advocates appeared:
For the Petitioner: Appellants:N. Muthuswami, Advocate.
For the Respondents:M.R. Thangavel for R. Syed Mustafa, Advocates.

JUDGMENT :-

1. This appeal is directed against the Judgment and Decree dated 17.04.2008 and made in O.S.No.125 of 2007, on the file of the learned Additional District Judge (Fast Track Court No.I), Salem.

2. The excerpt of the facts required germane to this appeal:

2.1. The plaintiffs' house is situated at Old No.3/102-B, New No.2/1028 at Akkarakadu, Akkaraipalayam Village in Veerapandi in Salem Taluk. A high tension (H.T) electric line runs from north to south and a low tension (L.T) electric line was also drawn in between the electric post bearing No.4-4/B and 4-4/C in front of the house of the plaintiffs. The above said electric posts have been erected in the lands of one Bomman for the purpose of providing one way service connection and the service connection number is 265. The said low tension electric line was drawn crossing the land situated on the eastern side of the plaintiffs' house.

2.2. That on 22.04.2006 at about 05.30 a.m. the deceased Periyathambi, who is none other than the husband of the first plaintiff, was collecting dried coconut leaves. Whileso, the said low tension electric line got snapped and fallen on the neck of the deceased Periyathambi and as a result of whi















































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