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april 2000

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.

Tamil Nadu Electricity Board vs Sumathi And Others · Niyam