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2025 Supreme(Mad) 3253

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
Executive Officer, Elampillai Town Panchayat, Erode Taluk – Appellant
Versus
K. Palaniappan, S/o. Kaliappan – Respondent


Advocates Appeared:
For the Appellant : Ms. K. Indupriya, Ms. J. Hemalatha Gajapathy.
For the Respondents: Mr. L. Ramanathan, Mrs. R. Anitha Special Govt. Pleader, Mrs. J. Hemalatha Gajapathy Standing counsel, Ms. K. Indupriya.

JUDGMENT :

Aggrieved over the judgment and decree of trial Court directing the defendants jointly and severally to pay a sum of Rs.10,90,000/- along with interest at 6% as compensation to the plaintiffs, who are the parents of the deceased, these appeals have been filed.

2. The parties are referred to as per their ranks before the trial Court.

3. A.S.No.33 of 2024 is filed by the second defendant in the suit and A.S.No.40 of 2023 is filed by the Defendants 3 to 5 in the suit. Since both appeals arise out of the same judgment, both the appeals are taken up and heard together and are being disposed of by this common judgment.

4. Brief facts leading to filing of case is as follows:

Plaintiffs' younger son Mohanraj, who was aged about 28 years, died due to leakage of electricity in high power tower post at Santhaipettai, Elampillai in the morning of 23.08.2015 and an FIR came to be registered in Crime No.498 of 2015 on 24.08.2015 on the complaint lodged by the parents of the deceased. The investigation also establishes the fact that the death was due to electrocution. It is the case of the plaintiffs that high power tower was under the control of Defendants 1 to 4 and as the tower had not b

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