The main legal point established is the principle of strict liability, emphasizing the duty of the Electricity Board to take all safety measures to prevent escape of electric energy and to maintain the live wire and other electricity systems.

1. This writ petition at the instance of a widow, seeks a Writ of Mandamus directing the Tamil Nadu Electricity Board to grant compensation on account of the electrocution of her husband.

The facts :-

2. The petitioner is the widow of Thiru. Selvaraj, who was working as Administrative Officer in L.I.C. of India at Tirunelveli. The petitioner got four children in her lawful wedlock with Thiru. Selvaraj.

3. On 12 February 2012, the husband of the petitioner was riding a motorbike bearing Registration No.T.N.72 K 249, carrying the petitioner as pillion rider. While the deceased was crossing Sivanthipatti Road at Thiyagaraja Nagar, the electric transmission line attached to the electric pole got snapped and fell on him. The husband of the petitioner was thrown out of the motorbike. He was taken to Tirunelveli Medical College Hospital in a very critical condition where he succumbed to the injuries on 20 February 2012.

4. According to the petitioner, the incident was solely on account of the negligence of the officials of Electricity Board. The deceased was receiving a monthly salary of Rs. 48,452/-. The family was denied of his company on account of his untimely death. The petitioner therefore wanted the electricity Board to pay her compensation.

5. The Superintending Engineer, Tamil Nadu Electricity Board, in his counter affidavit admitted the incident. According to the Superintending Engineer, at about 3 p.m., on 12 February 2012, there was heavy wind and as a result, the support GI wire of service connection No.003 309 550 had snapped at the end of service pipe by normal wear and tear, and fell down. The Assistant Executive Engineer directed the wireman to take necessary action to rectify the service lines. The employees of the Electricity Department rushed to the spot and they were in the process of switching off the line. The deceased Thiru Selvaraj came in a two wheeler in a rash and negligent manner. Even though he was asked to stop the vehicle, he failed to adhere to the instructions and in that process, the GI wire snapped and got twisted in his neck and he sustained injuries. The Superintending Engineer further stated that the GI wire snapped on account of the normal wear and tear and as such, the incident was nothing but an act of God. The Electricity Department denied its liability in the matter.

6. I have heard the learned counsel for the petitioner and the learned counsel appearing for the Tamil Nadu Electricity Board.

Analysis :-

7. There is no dispute with regard to the incident. The deceased was riding a motorcycle and the petitioner was travelling with him as a pillion rider. Even according to the fourth respondent, due to heavy wind, the support GI wire of service connection No.003 309 550 had snapped at the end of service pipe by normal wear and tear and it fell down in Sivanthipatti Road, Thiyagaraja Nagar. According to the Electricity Department, the employees were managing the crowd and the motorists were directed to stop the vehicle.

8. The deceased was riding the vehicle through a public road. The service line got snapped at about 3 p.m. on 12 February 2012. The incident was also at 3 p.m. The counter affidavit filed by the Electricity Department does not contain any indication as to the time taken by the employees to arrive at the scene and to switch off the distribution transformer. The electricity Board is now denying the liability by projecting a case of act of God.

9. The Tamil Nadu Electricity Code contains a separate chapter dealing with operational guidelines for distribution system. Regulation 20 of the Distribution code, mandates that the licensee should prepare pre-monsoon inspection and other preventive maintenance schedules for lines and equipment and ensure its compliance at all levels. The sub-regulation (3) of Regulation 20, expects the board to conduct periodical testing and maintenance of transformers, switchgear and protective equipments and earthing in the distribution system in