Supreme Court of India · 2000-04-27
Tamil Nadu Electricity Board vs Sumathi And Others
- Citation / case number
- AIR 2000 SUPREME COURT 1603
- Court
- Supreme Court of India
- Petitioner
- Tamil Nadu Electricity Board
- Respondent
- Sumathi And Others
- Author
- D.P. Wadhwa
- Bench
- D.P.Wadhwa, S.S.M.Quadri
Judgment text excerpt
The Supreme Court held that the High Court erred in awarding compensation under Article 226 of the Constitution for death caused by electrocution due to alleged negligence of the Tamil Nadu Electricity Board. The Court emphasized that such cases involve disputed questions of fact requiring evidence, making a civil suit the appropriate remedy rather than a writ petition. The Court referenced the precedent in Shakuntala Devi vs. Delhi Electric Supply Undertaking, clarifying that it was not applicable to other cases and reaffirmed the necessity of establishing negligence by the claimant in tort actions.