Duty of care in maintenance of electrical wires and calculation of compensation based on notional income.

The petitioner seeks for a Mandamus, directing the respondents to pay compensation to the negligent act of the 4th respondent due to which the petitioner's husband was electrocuted.

2. The case of the petitioner is as follows :

Petitioner's husband was an agriculturist and they have two minor children and aged in-laws. On 27.05.2014, at about 05.30 A.M, the petitioner's husband had gone to their agricultural land for the purpose of irrigating crops and he had not returned home. When her father-in-law went for his search, her husband was lying down and a live electrical wire was found near by him. Then, her husband was brought to the nearby Government Hospital in Mundiyapakkam by ambulance, where the doctors declared that he was brought dead. Therefore, her father-in-law lodged a complaint in Thiruvennainallur Police Station and case was registered in Crime No.201 of 2014 under Section 174 of Cr.P.C. The post mortem report clearly revealed that the death of her husband due to electrical shock. The electrical cable passing through our agricultural land was not fitted well by the respondents and it was snapped from the post during the previous day rain. The respondents ought to have taken care and maintenance to avoid the snapping of wires and its repair. Due to their reluctance, her husband was electrocuted. The petitioner's husband was 38 years at the time of his death and was doing agriculture and was earning Rs.15,000/- per month. The petitioner is a home maker and her husband is the sole bread winner to their family. Therefore, she made a representation dated 06.03.2015 to the respondents seeking compensation for negligence committed by the respondents. Since the said representation has not been considered till date by the respondent, the present writ petition is filed.

3. A counter affidavit is filed by the respondents, wherein it is stated as follows :

The writ petition is not maintainable and proper remedy is to file a Civil Suit. On 27.05.2014, there was heavy rain and thunder, due to the heavy rain the LT line running across the agricultural land belonging to the petitioner snapped and fell down on the standing crops. Since, the snapped wire fell on the standing crops and the live wire did not get earthed properly on the earth, the respondent did not get knowledge about the snapped wire. The respondent had taken all sufficient and necessary precaution care and interest to maintain the line wires. The wire was snapped due to heavy rain and thunder which is purely act of god and there is not negligence on the part of the respondents. The respondents are properly maintaining the Conductors and the automatic fuse system and the other amenities. The electrocution accrued beyond the proper maintenance and precautionary measures taken by the respondents. Hence, the respondents are not liable to pay the compensation to the petitioner. The respondent cannot pay any more amount than the amount fixed under Board Proceeding (Full Bench) No.5 dated 29.04.2013 the ex-gratia payment payable on compassionate grounds in respect of fatal of Rs.2,00,000/-. There is no merit or bonafide in making the claim of Rs.10 Lakhs. Even the post-mortem report discloses that the cause of death to be finalized only after chemical analysis. Therefore death due to electrocution not conclusively established. Hence, the writ petition is liable to be dismissed as devoid of merits.

4. Heard both sides.

5. The petitioner seeks for compensation from the respondents towards the death of her husband due to electrocution. It is seen that on 27.05.2014, when the petitioner was going to his agricultural land, he was electrocuted resulting out of snapping live wire during the heavy rain. Consequently, the petitioner's husband died and a criminal case was registered in Crime No.201/2014 under Section 174 of Cr.P.C.

6. Perusal of the FIR would show that the petitioner's husband died due to electrocution. Even the counter affidavit filed by the respondents does not