CHENNAI: Holding that the Greater Chennai Corporation alone was responsible for the death of an autorickshaw driver due to electrocution, the Madras High Court has directed it to pay a compensation of `10.38 lakh to his family.
Since laying of electric cables and maintenance is left to the Corporation of Chennai and that electricity is supplied by Tamil Nadu Electricity Board (TNEB), the Corporation of Chennai alone is liable to pay the compensation, Justice S Vaidyanathan said.
The judge directed the Corporation to pay the amount to Kumari, wife of the deceased auto-driver, within three months, failing which, interest at sixper cent per annum will get attracted from the date of the accident till the date of payment.
Generally, courts straightaway order interest along with the compensation from the date of accident/date of filing case.
In this case, the judge said that if the amount of `10.38 lakh is not paid within three months, then alone interest will come into play.
The judge, however, made it clear that this case cannot be treated as a precedent in any other case. If any person quotes this portion of the order for postponement/deprivement of interest, then interest at the rate of 12 per cent will get attracted from the date of accident till the date of payment in those matters, the judge warned.
According to the petitioner, her husband was the sole bread winner of the family. He used to go to the nearby shop every day in the morning to buy milk. On January 10, 2013 he went to the shop at 5.30 am. Without knowing that the electricity cable was cut and lying on the road unattended, he stamped on it and was electrocuted. Hence, the present writ petition.
Both the TNEB and the Corporation of Chennai were cited as respondents and they passed the blame on each other.
Fixing the responsibility on the Corporation, the judge said that since laying of electric cable and maintenance of the same are left to the Corporation of Chennai and that the supply of electricity alone is extended by TNEB, for the incident in question, on account of the deficiency in the service by the Corporation of Chennai, it alone must pay the compensation.
Accordingly, the judge directed officials of Corporation of Chennai to pay the compensation to the petitioner.