MADURAI: Observing that the Tamil Nadu Generation and Distribution Corporation (Tangedco) is duty bound to conduct regular inspections to clear trees and other interferences to electrical lines, the Madurai Bench of the Madras High Court has directed Tangedco to pay Rs 10.85 lakh to the family of a man who was electrocuted to death after an electric line snapped and fell on him. The overhead cable gave away after a coconut frond fell on it.
Justice R Vijayakumar passed the order on a petition filed in 2013 by S Suriyagandi. According to Suriyagandhi, her husband M Sathuragiri was working as a security guard in a courier company in Madurai and the couple had two minor children. On April 21, 2013, when Sathuragiri was on his way to bathe in a coconut grove, a frond fell on the electric line, which in turn landed on him leading to his death.
Citing Regulation 20 (condition based monitoring or preventive maintenance programmes) of TN Electricity Distribution Code, the petitioner’s counsel argued that the authorities were responsible for conducting regular inspections to maintain electric lines. “Had they conducted such inspections, the interfering branches or trees would have been groomed and this accident would not have happened,” he said. The standing counsel for Tangedco, however, said the incident happened due to heavy rain and winds and it could only be termed as an ‘Act of God’.
Referring to various judgments passed by the Supreme Court and the high court in similar matters, Justice Vijayakumar said the electricity board has a statutory obligation to conduct regular inspections for clearing trees and other interference to electrical lines. Noting that there were no records to indicate that such an exercise was undertaken by the board in the relevant area, the judge said non-performance of statutory obligation could only be termed as lack of maintenance, coupled with negligence on the part of the authorities.
“The liability upon the electricity supplier, in law, is “Strict Liability”. In cases of strict liability, where the electricity supplier is held liable irrespective of whether the victim could have avoided the particular harm by taking precaution, the board cannot contend that the falling of coconut leaves on the live wire is due to natural calamity or an Act of God,” the judge said.