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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. SIVAGNANAM
Rajambal – Appellant
Versus
President, Tamilnadu Electricity Board, Chennai – Respondent
JUDGMENT :
V. SIVAGNANAM, J.
1. Challenge in this second appeal is made to the Judgement and Decree dated 28.06.2010 passed in A.S.No.4 of 2010 on the file of Principal District Judge, Namakkal, reversing the Judgment and Decree dated 25.08.2009 passed in O.S.No.141 of 2008 on the file of Subordinate Judge, Namakkal.
2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.
3. The plaintiffs in O.S.No.141 of 2005 on the file of the Subordinate Court, Namakkal, is the appellants in this second appeal. The first plaintiff is the wife and the plaintiffs 2 and 3 are children of the deceased Natesan @ Natarajan. They filed the suit for compensation for a sum of Rs.5 lakhs with interest at 12 % p.a., for the death of the deceased Natesan @ Natarajan due to electrocution. The deceased Natesan @ Natarajan was cultivating lands as a cultivating tenant in the lands of one Kamalasekaran. On 13.12.2006, while he was cutting plantain tree in Survey No.172/2 belonging to one Manjunathan, electricity line running over the field touched the planted leaf and thereby, he was electrocuted and he died. Electrocution was occurred only due to the negligence of the
The Electricity Board has an obligation to maintain electrical infrastructure safely and any failure thereof constitutes negligence, barring unsupported claims of contributory negligence against affe....
Electricity providers have a strict liability to maintain safety standards, and failure to do so resulting in harm establishes negligence.
Electricity providers have a high duty of care to maintain safe conditions; failure to do so results in presumed negligence and liability for damages.
The judgment established the principle that those involved in the transmission of high-voltage electric energy are liable for damages caused by its uncontrolled escape, and it applied the principles ....
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.
The main legal point established is that just compensation should be awarded based on the actual income sources of the deceased and the evidence presented.
Negligence involves failure to exercise due care, which includes foreseeability of harm, and leads to liability when conduct results in damage.
The main legal point established in the judgment is the duty of authorities to prevent mishaps related to electricity transmission lines, and the liability of the supplier of electric energy in cases....
Electricity suppliers are strictly liable for injuries caused by their infrastructure, regardless of negligence, and must compensate victims for losses incurred.
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