Justice G R Swaminathan ordered the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to pay a compensation of Rs.13,86,000/- to the bereaved family and offer a job of Junior Assistant, on compassionate grounds, to the deceased’s brother.

Death Due To Electrocution: Madras High Court Applies Strict Liability Principle Against TANGEDCO To Order Compensation

Akshita Saxena3 Nov 2020 3:56 PM
SHARE THIS –
Death Due To Electrocution: Madras High Court Applies Strict Liability Principle Against TANGEDCO To Order Compensation
Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.
The Madras High Court on Monday ordered compensation to the parents of a 22 years old boy, who died due to electrocution after stepping on snapped live wire.

The Bench of Justice G R Swaminathan ordered the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to pay a compensation of Rs.13,86,000/- to the bereaved family and offer a job of Junior Assistant, on compassionate grounds, to the deceased’s brother.

Also Read – Madras High Court Suggests Death Penalty For Corruption Like In China, North Korea, Indonesia Etc [Read Judgment]

Advertisement

The order is significant inasmuch as the Court has adopted a unique method with respect to payment of compensation in case of death by electrocution and has even ordered compassionate employment in terms of a Supreme Court’s ruling on restoration of status quo ante.

Justice Swaminathan took the case suo moto after seeing the deceased boy’s father in the court, holding a petition. On enquiry, it was revealed that he had sent a letter petition to the Registrar (Judicial), Madurai Bench, Madras High Court seeking justice.

Also Read – DRT Ahmedabad Imposes Cost of Rs. 10K Upon Advocate For Appearing In Virtual Hearing From His Car
Stating that he “did not have the heart” to tell a grieving parent to consult a lawyer and file a proper writ petition before the High Court or a suit for compensation before the civil court, Justice Swaminathan said,

“I was reminded of the decision reported in (2013) 2 MLJ 302 (Arulmeri V. Superintendent of Engineer, TNEB) wherein it was authoritatively held that when the deceased was not at fault and the death had occurred due to fall of electric wire, there is no need for the dependent to go before the civil court and that relief can be granted in writ proceedings.”

Also Read – Allahabad High Court Seeks UP Govt’s Response On State Law Commission’s Report For Repealing Anti-Beggary Law [Read Order]
Advertisement
As per the facts revealed in the order, 22 yrs old Saravanan was returning home through the customary pathway, when he came in contact with a live overhanging wire, and died on spot, due to electrocution.

TANGEDCO had informed the Court that the accident was an Act of God inasmuch as the wire snapped due to movement of a squirrel. As recorded in the order,

“Squirrels are known to climb up the electric poles and meddle with the wires. In this case, while doing so, the tail of squirrel appears to have touched V-Cross arm. That led to passing of what is known as fault current. Since the line could not bear the heavy load, it had snapped. The snapped line had straightaway fallen on the ground, the feeder would have tripped and the electricity supply would have also stopped. But then, it had fallen on Karuvelam bushes that had grown underneath.”

Also Read – Delhi High Court Dismisses Omar Abdullah’s Plea Challenging the ‘Requirement of Obtaining Consent Of The Other Party’ Stipulated In Office Order On…
Advertisement

The Judge had also done a spot inspection, “in order to satisfy his conscience” and he was also of the opinion that the occurrence had taken place on account of rodent interference.

He observed that there was no squirrel guard installed on the electricity poles. “If the squirrel guards had been installed, probably the incident could have been averted,” Justice Swaminathan speculated.

He further observed,

“If Karuvelam bushes beneath the electric lines had been cut and removed, probably the snapped line could have straightaway fallen on the ground and the feeder would have got tripped thereby disconnecting the supply of electricity. But these are “ifs” of life. On a overall consideration of the circumstances, I come to the conclusion that the tragedy is purely an Act of God and TANGEDCO cannot be fastened with any negligence as such.”

However, the question before the Court was whether on that ground, TANGEDCO can be exonerated from its liability.

Justice Swaminathan said that this use is no longer res integra and by applying the principle of “Strict Liability”, the Supreme Court had, in MP Electricity Board v. Shail Kumari & Ors., (2002) 2 SCC 162, held that,

“If the energy so transmitted causes injury or death of a human being, who gets unknowingly trapped into it the primary liability to compensate the sufferer is that of the supplier of the electric energy… It is no defence on the part of the management of the Board that somebody committed mischief by siphoning such energy to his private property and that the electrocution was from such diverted line. It is the look out of the managers of the supply system to prevent such pilferage by installing necessary devices. At any rate, if any live wire got snapped and fell on the public road the electric current thereon should automatically have been disrupted. Authorities manning such dangerous commodities have extra duty to chalk out measures to prevent such mishaps.”

Based on this precedent, the Court directed TANGEDCO to pay compensation. It was held that compensation payable in such cases can be determined by applying the formula applied for computing damages in motor accident cases, computed as Rs.13,86,000/- in this case.

“I cannot stop with this,” the Bench exclaimed at this juncture.

The Court ordered the company to offer a job to the bereaving parents’ second son, on compassionate grounds.

Reliance was placed on Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647, whereby the Supreme Court had held that the polluter should not only compensate the victims of pollution but also bear the cost of restoring the environment to its original condition.

“The same proposition can be applied by way of analogy to the case on hand. It is not enough that TANGEDCO pays a certain amount towards compensation. That by no stretch of imagination undo the tragedy that has befallen the petitioner’s family. Only by offering employment to the second son, the situation can be substantially remedied,” the Court said.

Lastly, the Bench directed TANGEDCO to ensure that such fateful accidents do not occur in the future.

“Of course, there can never be any impregnable shield against bird hits or rodent interference. But TANGEDCO can undertake a comprehensive safety audit. Bushes underneath the electric poles and transmission lines can be cleared. They can announce cash prizes for young scientists to come out with ideas as to how the feeder can trip automatically, once line is snapped,” the Court suggested.

Case Title: G. Sendhattikalaipandian v. Inspector of Police & Anr.

Click Here To Download Order

Read Order

TAGS#MADRAS HIGH COURT COMPENSATION FOR DEATH DUE TO ELECTROCUTION COMPASSIONATE EMPLOYMENT JUSTICE GR SWAMINATHAN TAMIL NADU

loading….
SIMILAR POSTS
+ VIEW MORE
Madras High Court Suggests Death Penalty For Corruption Like In China, North Korea, Indonesia Etc [Read Judgment]
Madras High Court Suggests Death Penalty For Corruption Like In China, North Korea, Indonesia Etc [Read Judgment]

4 Nov 2020 8:37 AM
DRT Ahmedabad Imposes Cost of Rs. 10K Upon Advocate For Appearing In Virtual Hearing From His Car
DRT Ahmedabad Imposes Cost of Rs. 10K Upon Advocate For Appearing In Virtual Hearing From His Car

3 Nov 2020 9:44 PM
Allahabad High Court Seeks UP Govts Response On State Law Commissions Report For Repealing Anti-Beggary Law [Read Order]
Allahabad High Court Seeks UP Govt’s Response On State Law Commission’s Report For Repealing Anti-Beggary Law [Read Order]

3 Nov 2020 8:14 PM
Delhi High Court Dismisses Omar Abdullahs Plea Challenging the Requirement of Obtaining Consent Of The Other Party Stipulated In Office Order On Early Hearing
Delhi High Court Dismisses Omar Abdullah’s Plea Challenging the “Requirement of Obtaining Consent Of The Other Party” Stipulated In Office Order On Early Hearing

3 Nov 2020 7:50 PM
Explain Statutory Powers Under Which Online Betting For Horse-Racing Was Allowed : Karnataka High Court To State Govt
Explain Statutory Powers Under Which Online Betting For Horse-Racing Was Allowed : Karnataka High Court To State Govt

3 Nov 2020 7:22 PM
NCB Assures Court Deepika Padukones Manager Will Not Be Arrested Till November 7, After Her Lawyer Says She Is Ready To Appear Before Them
NCB Assures Court Deepika Padukone’s Manager Will Not Be Arrested Till November 7, After Her Lawyer Says She Is Ready To Appear Before Them

3 Nov 2020 7:18 PM
Madras High Court Issues Notices To Virat Kohli, Saurav Ganguly, Tamannah Bhatia, Etc. For Endorsing Fantasy League Apps
Madras High Court Issues Notices To Virat Kohli, Saurav Ganguly, Tamannah Bhatia, Etc. For Endorsing Fantasy League Apps

3 Nov 2020 6:59 PM
Allahabad High Court Extends Protection To Same Sex Couple, Acknowledges The Stark Reality of Discrimination Faced By The Community In The Society
Allahabad High Court Extends Protection To Same Sex Couple, Acknowledges The Stark Reality of Discrimination Faced By The Community In The Society

3 Nov 2020 6:54 PM
[S. 311 CrPC] Accused Has A Right To Summon Any Evidence/Witness Relevant For Proper Appreciation Of Prosecution Evidence: Allahabad High Court [Read Order]
[S. 311 CrPC] Accused Has A Right To Summon Any Evidence/Witness Relevant For Proper Appreciation Of Prosecution Evidence: Allahabad High Court [Read Order]

3 Nov 2020 4:33 PM
Karnataka High Court Appoints Amicus Curiae To Replace Petitioner In Case Against Cauvery Calling Project
Karnataka High Court Appoints Amicus Curiae To Replace Petitioner In Case Against Cauvery Calling Project

3 Nov 2020 4:09 PM
State Needs To Be More Tolerant While Invoking Laws Pertaining To Sedition & Religious Disaffection: Punjab & Haryana High Court [Read Order]
State Needs To Be More Tolerant While Invoking Laws Pertaining To Sedition & Religious Disaffection: Punjab & Haryana High Court [Read Order]

3 Nov 2020 3:07 PM
[Breaking] Sandalwood Drug Case : Karnataka High Court Denies Bail To Sanjjana Galrani, Ragini Dwivedi
[Breaking] Sandalwood Drug Case : Karnataka High Court Denies Bail To Sanjjana Galrani, Ragini Dwivedi

3 Nov 2020 2:50 PM
Advertisement
Advertisement
WEBINARS
+ MORE
[Today at 6:30 pm] Gautam Bhatias Lecture Series On Landmark Cases Of Indian Supreme Court, [S Krishnan & Others v State Of Madras]
[Today at 6:30 pm] Gautam Bhatia’s Lecture Series On Landmark Cases Of Indian Supreme Court, [S Krishnan & Others v State Of Madras]
LAW FIRMS
+ MORE
Gautam Bhatikar Joins Phoenix Legal As Partner
Gautam Bhatikar Joins Phoenix Legal As Partner
LATEST NEWS
+ MORE
1
Will Supreme Court Allow The “Sunlight” In? SC Sets Up Panel To Look Into Live-Streaming Of Hearings
2
[Breaking] Maharashtra Police Arrests Republic TV Editor Arnab Goswami In Abetment To Suicide Case
3
Madras High Court Suggests Death Penalty For Corruption Like In China, North Korea, Indonesia Etc [Read Judgment]
4
Finding Of Guilt Cannot Be Based Purely On Refusal To Undergo Identification Parade: SC Acquits Murder Accused [Read Judgment]
5
DRT Ahmedabad Imposes Cost of Rs. 10K Upon Advocate For Appearing In Virtual Hearing From His Car
6
Supreme Court To Hear Application Seeking Directions to Expedite Adjudication Of Cases Against MLAs/MPs Tomorrow
7
Javed Akhtar Files Criminal Defamation Complaint Against Kangana Ranaut For Dragging His Name In The Sushant Singh Rajput Case
8
“It’s For Employer To Determine Suitability Of Qualifications”: Supreme Court Denies Bank Peon Job For Overqualified Candidate

लाइव लॉ हिंदी
+ MORE
फैसलों में विस्तृत कारण देने में देरी संविधान के अनुच्छेद 21 का उल्लंघन : सुप्रीम कोर्ट ने उच्च न्यायालयों को चेताया
फैसलों में विस्तृत कारण देने में देरी संविधान के अनुच्छेद 21 का उल्लंघन : सुप्रीम कोर्ट ने उच्च न्यायालयों को चेताया
RERA के तहत बिल्डरों के खिलाफ आवंटियों द्वारा उपभोक्ता फोरम के समक्ष शिकायत पर प्रतिबंध नहीं : सुप्रीम कोर्ट
RERA के तहत बिल्डरों के खिलाफ आवंटियों द्वारा उपभोक्ता फोरम के समक्ष शिकायत पर प्रतिबंध नहीं : सुप्रीम कोर्ट
राजीव गांधी हत्याकांड : खुश नहीं हैं कि पेरारीवलन की सजा माफी की सिफारिश दो साल से राज्यपाल के समक्ष लंबित : सुप्रीम कोर्ट
राजीव गांधी हत्याकांड : खुश नहीं हैं कि पेरारीवलन की सजा माफी की सिफारिश दो साल से राज्यपाल के समक्ष लंबित : सुप्रीम कोर्ट
अब फिजिकल और वर्चुअल न्यायालयों के बीच कोई अधिक अंतर नहीं रहा; इसकी आदत डालें : जस्टिस खानविल्कर
‘अब फिजिकल और वर्चुअल न्यायालयों के बीच कोई अधिक अंतर नहीं रहा; इसकी आदत डालें ‘: जस्टिस खानविल्कर
अनुच्छेद 370 में किए गए बदलाव को चुनौती देने वाली याचिकाओं पर जल्द सुनवाई के लिए सुप्रीम कोर्ट में अर्जी दाखिल
अनुच्छेद 370 में किए गए बदलाव को चुनौती देने वाली याचिकाओं पर जल्द सुनवाई के लिए सुप्रीम कोर्ट में अर्जी दाखिल
INTERNATIONAL
+ MORE
1
Johnny Depp Loses Libel Suit Against ‘The Sun’; UK Court Says Article Calling Him ‘Wife Beater’ Substantially True [Read Judgment]
2
Singapore Arbitral Tribunal Injuncts RIL-Future Grp Deal In A Plea By Amazon, Another Win For Gopal Subramaniam Abroad
3
‘Sex Offender’ ID Card Requirement Unconstitutional, Holds Louisiana Supreme Court [Read Judgment]
4
Pakistan SC Issues Notice To PM Imran For Alleged Use Of Public Property For His Party’s Legal Forum And Appearance At SCBA Poll Campaign [Read Order]
ENVIRONMENT
+ MORE
1
NGT To Examine Whether Use Of Firecrackers Be Prohibited In Delhi-NCR From Nov 7-30 [Read Order]
2
Show Cause Notices Issued For Closure To Flipkart, Patanjali For Flouting Plastic Waste Management Rules: CPCB Tells NGT [Read Report]
3
Draft EIA Notification 2020 Does Not Provide For Ex Post Facto Clearance To Violation Cases: Centre Tells Lok Sabha [Read Statement]
4
Operation of Poultry Farms Has Potential to Damage Environment Which Needs to be Regulated: NGT Issues Directions [Read Order]
JOB UPDATES

1. Joint Registrar Vacancy At Armed Forces Tribunal
2. Registrar Vacancy At Armed Forces Tribunal
3. Legal Assistant / Consultant Vacancy At Ministry Of Environment, Forest & Climate Change
4. Assistant Director (Legal) Vacancy At FSSAI
5. Court Master Vacancy At Lokpal Of India
+ VIEW MORE

JUST ENTER YOUR EMAIL FOR THE LIVELAW DAILY NEWS BRIEFING BY EMAIL ALL THE DAY’S HEADLINES AND HIGHLIGHTS FROM LIVELAW, DIRECT TO YOU EVERY MORNING
NEWSLETTERS
DIRECTLY IN YOUR MAILBOX

Enter Your Email
Submit

Top Stories
News Update
Columns
Interviews
International
Rti Updates
Know the Law
Law Firms
Job Updates
Book Reviews
Events Corner
Cover Story
Editor’s Pick
Law School Corner
Articles
Call for Papers
Competitions
Internships
Placements
Scholarships
Seminars
Environment
Book Reviews
© All Rights Reserved @LiveLawPowered By Hocalwire
Who We AreCareersAdvertise With UsContact UsPrivacy PolicyTerms And Conditions

Live Law subscriptions starting