Full Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2014 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.(MD)No.5476 of 2009 and M.P.(MD)No.2 of 2009 1.Maruthayee 2.Nattarayan 3.Kannaiah 4.Agaramuthu ..Petitioners versus 1.The Superintending Engineer, Tamil Nadu Electricity Board, Dindigul.
2.The Executive Engineer, Tamil Nadu Electricity Board, Dindigul.
3.The Assistant Engineer, Tamil Nadu Electricity Board, Thadikkombu, Dindigul..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay compensation of a sum of Rs.10,00,000/- to the petitioneRs.family for the death of Thambi @ Perumal of Apanampatti, Silvarpatti Village, Athur Taluk, Salem District.
!For petitioners : Mr.V.Muthukamatchi For respondents : Mr.S.M.S.Johnny Basha :ORDER
The petitioners are the wife and children respectively, of one Thambi @ Perumal.
On 17.06.2007, at about 5.00 a.m., the said Thambi @ Perumal had gone to the nearby agricultural field belong to one Chinnaraja.
But unfortunately, the overhead electric wire had fallen alive.
Mr.Thambi @ Perumal had come into contact with the same and so, he died on the spot due to electrocution.
In this regard, a criminal case has been registered in Crime No.309 of 2007 on the file of the Thadikkombu Police Station, Dindigul District.
During investigation, the dead body was subject to post mortem by an expert.
The expert had noticed number of injuries on the body of the deceased, and ultimately he concluded that the deceased died due to electrocution.
An appropriate report was also submitted to the Tamil Nadu Electricity Board.
But no compensation has been so far paid.
With this grievance, the petitioners are before this Court with this writ petition.
2.The second respondent has filed two counteRs.In the additional counter filed on 31.07.2014, it is stated in paragraph-3 as follows: ?.I respectfully submit that on 17.07.2007 at 5 a.m., the deceased while walking in the agricultural field belonged to one Chinnaraja came in contact with live wire and died due to electrocution.
On 16.07.2007 ie., previous night due to heavy wind and rain, coconut tree branch fell on the electric wire and the wire fell on banana trees.
It is pertinent to state that the petitioner has admitted in the FIR that after giving information, the supply of electricity was stopped.?.
3.I have heard the learned counsel on either side and perused the records carefully.
4.If it is a case of denial of the very accident, then, this Court would not have ventured to probe into the matter further to proceed as to whether the petitioners are entitled for compensation or not.
But, here is the case where the respondents have admitted the falling of live electric wire by snapping, and also the death of the deceased due to electrocution.
5.But in the counter, the respondents would contend that due to heavy rain on the previous day night, due to the act of God, the electric wire had snapped and had fallen on the earth.
Thus, according to the respondents, there was no negligence on the part of the respondents.
6.In my considered opinion, this argument cannot be accepted.
As per the Regulations, all safety devices should have been erected by the Electricity Board to ensure that the supply of electricity is disrupted the moment the overhead wire is snapped.
The very fact that even after falling of the wire on the ground, the electricity was still passing through the same, would go to show that such device had not been erected.
Thus, in my considered opinion, the respondents had not maintained the electricity wire with due care and caution.
I have got every reason to hold that respondents were negligent in maintaining the same and that is why the deceased died due to electrocution by having come into contact with the live wire which had fallen on earth.
Therefore, I hold that the respondents are liable to pay compensation.
7.Now, turning to the quantum of compensation, the learned counsel for the respondents, on instructions, would submit that respondents are prepared to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) as No Fault Liability in full quit.
The said statement is recorded.
8.The learned counsel for the respondents would further refer to the Board Proceedings in (Per.)(F.B) TANGEDCO Proceedings No.5 dated 29.04.2013, wherein the Electricity Board has decided to pay Rs.2,00,000/- as compensation in full quit, even in the absence of any negligence.
But the learned counsel for the petitioners would submit that the petitioners are entitled for more than Rs.2,00,000/-.
9.I examined the above proceedings of the Board meticulously.
10.At the time of death, as it could be seen from the Post Mortem Certificate, the deceased was aged 65 yeaRs.There is no document to prove his income.
It is claimed that he was earning a sum of Rs.8,000/- per month.
Going by the normal earnings of a man aged 65 yeaRs.I hold that his monthly earning would be Rs.3,000/-, out of which, he would have spent 1/3rd towards his personal expenses.
Therefore, his contribution to his family would have been only Rs.2,000/- per month.
For 12 months, it would be Rs.24,000/-.
The proper multiplier that should be adopted for the age of 65, is 7.
If 7 multiplier is adopted, the loss of income works out to Rs.1,68,000/-.
Even if some amount is added towards loss of consortium and love and affection, it will not exceed Rs.2,00,000/-.
Therefore, I hold that the offer of the respondents to pay a sum of Rs.2,00,000/-, is very reasonable.
11.In the result, the writ petition is allowed with a direction to the respondents to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with interest at 6% p.a.from the date of filing of this writ petition, within a period of three months from the date of receipt of a copy of this order, to the petitioneRs.Consequently, the connected miscellaneous petition is closed.
No costs.
Index : Yes/No 07.08.2014 Internet : Yes/No KM S.NAGAMUTHU, J.
KM To 1.The Superintending Engineer, Tamil Nadu Electricity Board, Dindigul.
2.The Executive Engineer, Tamil Nadu Electricity Board, Dindigul.
3.The Assistant Engineer, Tamil Nadu Electricity Board, Thadikkombu, Dindigul.
W.P.(MD)No.5476 of 2009 and M.P.(MD)No.2 of 2009 07.08.2014