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2012 Supreme(Mad) 950

G.RAJASURIA
Tamil Nadu Electricity Board, Periyar Electricity Distribution Circle, Rep. by its Superintending Engineer – Appellant
Versus
Kuppayammal (deceased) – Respondent


Advocates Appeared:
For the Appellants : V. Viswanathan (TNEB).
For the Respondent:R2, S.Ramesh Kumar, R5, R.G. Narendhiran, Advocates.

Judgment :-

The defendants 1 to 3 in the suit filed the appeal in A.S.No.740 of 2002 and D5 filed the appeal in A.S.No.191 of 2009 as against the judgment and decree dated 26.04.2002 passed by the learned Principal Subordinate Judge, Gobichettipalayam, in O.S.No.233 of 1999.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Broadly but briefly, narratively but precisely, the relevant facts absolutely necessary and germane for the disposal of these two appeals would run thus:

(a) The original plaintiffs three in number happened to be the mother, widow and unmarried sister respectively, of the deceased Marappan, who died electrocution death on 16.05.1994. The Electricity Board and its officials filed the written statement resisting the suit. The land owner in which the death occurred also filed separate written statement resisting the suit.

(b) Whereupon the trial Court framed the issues.

(c) During trial, the second plaintiff-Gomathi examined herself as P.W.1 along with P.Ws.2 to 4 and Exs.A1 to A9 were marked. On the side of the defendants, one Arumugam was examined as D.W.1 and Ex.B1































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