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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN
Superintending Engineer, Tamil Nadu Electricity Board – Appellant
Versus
Geetha, W/o Late Ponmudi – Respondent
| Table of Content |
|---|
| 1. overview of the incident and claims of negligence. (Para 1 , 2 , 3 , 4) |
| 2. trial proceedings and evidence presented. (Para 6 , 7 , 8) |
| 3. discussion on the application of strict liability and individual responsibility. (Para 11 , 12 , 13 , 14) |
| 4. final decision on the appeal and dismissal of the judgement. (Para 15) |
JUDGMENT :
1. This appeal is filed by the Electricity Board, being aggrieved by the judgement and decree of the Principal District Court, Thiruvannamalai, passing a decree for Rs.5,08,400/- with interest at the rate of 7.5% p.a., from the date of petition till the date of realisation.
2. For the accidental death of one Ponmudi, the plaintiffs are the wife, mother, two minor children. According to them, on 19.09.2009, at about 6.00 p.m., the said Ponmudi went to the open terrace without parapet wall and while going closure to the high tension wire, he caught fire and fell down from the terrace. He was taken to the hospital for treatment. However, he scummed to the injury. A complaint under Crime No.339 of 2009 was registered. Post-mortem report disclosed that his death was due to electric shock. According to the plaintiffs, the accident occurred due to neglig
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