Supreme Court of India · 2000-05-27
Tamil Nadu Electricity Board vs Sumathi And Others
- Citation / case number
- II(2000)ACC1
- Court
- Supreme Court of India
- Petitioner
- Tamil Nadu Electricity Board
- Respondent
- Sumathi And Others
- Author
- Syed Shah Mohammed Quadri
- Bench
- Syed Shah Mohammed Quadri
Judgment text excerpt
The Supreme Court held that the High Court erred in entertaining a writ petition under Article 226 concerning a claim for damages due to electrocution, as the case involved disputed questions of fact requiring evidence. The Court emphasized that negligence must be established by the claimant in tort actions, and that the proper remedy was a civil suit rather than a writ petition. The Court referred to the precedent in Shakuntala Devi v. Delhi Electric Supply Undertaking, clarifying that it was not applicable in this case, thus setting aside the High Court's decision and ruling that the jurisdiction under Article 226 was improperly exercised.