The Hindu : Tamil Nadu / Chennai News : High Court directs State to pay compensation for electrocution

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High Court directs State to pay compensation for electrocution

K.T.Sangameswaran

Nine-year-old boy electrocuted, his father sustained injuries due to electric shock
Festive decoration done for a meet of noon meal staff cited as cause

CHENNAI: Pulling up the Vellore District administration, Tamil Nadu Electricity Board authorities and the police for the electrocution of a nine-year-old boy and injuries to his father on a road in 1995, the Madras High Court has directed the Tamil Nadu government to pay a compensation of Rs.2.10 lakh to the family with 7.5 per cent interest.

In his order on a writ petition, Justice K.K.Sasidharan said that the facts of the case as projected in the writ petition clearly showed that the respondents — Social Welfare Secretary, Vellore District Collector, TNEB represented by its Chairman, Superintending Engineer, TNEB, Vellore Superintendent of Police and Sub-Inspector of Police, Vellore South police station, Bagayam outpost — were negligent and there was clear dereliction of duty on their part, which gave an action for compensation.

T.M.Kamalanathan, who was running a tea shop on Azad Road, Thorappadi, Vellore, submitted that the then Chief Minister was the chief guest at the Tamil Nadu Noon Meal Employees State Conference in Vellore in December 1995. Massive festive decoration was made by the organisers. After the function, the chief guest crossed Azad Road in the evening.

On hearing the helicopter’s sound, his son, Dinakaran, came towards the tea shop when he was electrocuted. The petitioner said when he went to his son’s rescue, he sustained electric shock and was hospitalised. He sought compensation and departmental and criminal action against the Collector, TNEB and police authorities.

Mr.Justice Sasidharan said law was applicable to members of the ruling party or Opposition. When it was prescribed that prior permission of the district administration and the police should be taken for conducting public function and for erecting casuarina poles on the sides of the road and to make holes in the street, such acts should not have been permitted without taking the authorities permission.

He said the district administration could not plead ignorance of the action by the organisers or by others concerned for putting up the casuarina poles as well as decorations using electricity.

The District Collector had clearly admitted that no permission was taken from the administration for the meeting and the arrangements for the function. The entire route travelled by the Chief Minister was decorated by putting up casuarinas barricades on both sides.

The district administration seemed to be under the impression that political parties were above the Constitution and regulatory laws were not applicable to them. The authorities should realise they were bound to protect citizens lives and property.

Nobody, much less political parties, should be allowed to curtail the freedom granted to citizens by the Constitution, Mr.Justice Sasidharan said.

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