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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr Justice N. Sathish Kumar, J
Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited – Appellant
Versus
S. Kalaiyarasi – Respondent
JUDGEMENT :
(N. SATHISH KUMAR, J.)
This appeal suit is preferred by the Tamil Nadu General and Distribution Corporation Limited at Cuddalore challenging the judgement and decree dated 16.12.2019 passed by the learned Principal District Judge at Cuddalore in O.S.No.217 of 2018 granting a compensation of Rs.8,80,000/- in a case of electrocution of one Siva of Vandipalayam in Cuddalore District.
2. The respondents are the plaintiffs and the appellants are the defendants in O.S.No.217 of 2018. The 1st respondent/1st plaintiff is the wife, respondents 2 to 4/plaintiffs 2 to 4 are the minor son and daughters of the deceased and the 5th respondent/5th plaintiff is the mother of the deceased Siva.
3. For the sake of convenience, the parties in the appeal suit will hereinafter be referred to as per their array before the trial court.
4. The case of the plaintiffs in brief is as follows
(i) On July 28, 2017, at approximately 06.00 p.m., the deceased Siva was riding his motorcycle bearing Regn. No. TN-31-BE-2599 from East to West along with a pillion rider named Dheivalakshmi at a moderate speed. During that time, heavy wind and rain damaged an electric post, causing a live wire to snap off and fal
Electricity suppliers are strictly liable for injuries caused by their infrastructure, regardless of negligence, and must compensate victims for losses incurred.
Electricity providers are strictly liable for accidents caused by negligence in maintaining infrastructure, with compensation calculated based on the deceased's earnings and family dependency.
Suppliers of electricity are strictly liable for harm caused by their operations, regardless of negligence, and notional income can be reasonably assessed for compensation.
The principle of strict liability applies to cases involving the negligence of the electricity department in maintaining electric lines, making the department absolutely liable to compensate the vict....
In electrocution cases, strict liability applies, and the plaintiff must only prove injury from electrocution, not negligence of the electricity provider.
The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
Electricity suppliers are strictly liable for injuries resulting from their installations, irrespective of negligence, highlighting the burden of proof rests with them in cases of electrocution.
Death due to Negligence of Electricity Board – Liability to pay compensation - Responsibility to supply electric energy in the particular locality statutorily conferred on the Board. If the energy so....
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