Saturday, December 31, 2022

If EB paid heed to complaints, then accident could be avoided now EB must be ready to pay compensation to the victim of electrical accident

Fatal Accidents Act,1855


The Fatal Accidents Act of 1855 was passed to compensate families for losses incurred due to an individual’s actionable wrongdoing. Section 1A of The Fatal Accidents Act, allows the victim’s family to sue for compensation for the losses caused by his death resulting from an actionable wrong. According to Section 1-A of the Fatal Accidents Act, 1855:


“Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong.–– Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as an amount in law to a felony or other crime.”


The victims are currently relegated to civil courts, where they must file civil claims and invoke the provisions of the Fatal Accidents Act, 1855, by paying an ad valorem court fee and filing civil litigation. This takes a long time and irritates the poor and helpless victims’ relatives.

In the case of Madhya Pradesh Electricity Board V. Shail Kumari and Ors, the Supreme Court dismissed an appeal filed by an electricity board in 2002, holding that the strict liability principle applies to the acts and omissions of an electricity supply utility in case of electrical accidents and that the electricity supply utility has not been provided with a fast track and cost-effective compensation adjuration mechanism.

STEPS NEED TO BE TAKEN

Periodical inspection of electric wires and transformers

The central electricity authority and chief electrical inspectors rarely inspect the electrical safety of these facilities before or after projects even though they have a statutory duty to ensure and certify the safety of power plants and machines. As a result, millions of people in India are at risk due to the sagging electric wires and malfunctioning current transformers. Thus, pre-commissioning and periodic electrical inspections are just a ruse. The officials bear much less personal responsibility, for their indifference and negligence. Every electrical accident may be traced back to the jurisdictional electrical inspector of the state government and the electrical engineer of the distribution firm, resulting in a dramatic reduction in mishaps.

Composition of special tribunal

The establishment of a specialized tribunal for awarding compensation is the second most crucial legislative reform in this regard. The best alternative may be to assign this authority to the MACTs (Motor Vehicle Accidents Tribunals) or to empower the regulatory commissions. What important is that, unless there are exceptions to the concept of strict liability established by case law, responsibility for all electrical accidents must be attributed to electrical inspectors of State Government-run electrical inspectorates and officials of power supply companies.

Read more at: https://www.lawyersclubindia.com/judiciary/-claim-of-compensation-in-case-of-HT-EB-towers-put-up--535.asp 

Gmail Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>

People called Mr Tirumalai for EB issues in the house instead of EB staff Wire man caused loss of life

1 message

Sudalai Kumar <ss.kumar1987@gmail.com> 31 December 2022 at 10:44

To: cmcell@tn.gov.in, Central Registry <cr.nhrc@nic.in>, BALASUBRAMANIAN PITCHAI <balasubramanian.energyaudit@gmail.com>, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>, NALSA <nalsa-dla@nic.in>, AE/O&M/NANGUNERI RURAL <tit025ae@tnebnet.org>

Sir/madam,

There is a loss of life in the pattarpuram village for EB issues in the house and Mr Tirumalai died in the spot of repairing electrical issues in this week. I many times insisted the government and filled the complaint in Nhrc too. But nobody was taking it seriously and now Mr Tirumalai a common man died in fixing the current issues.


On Mon, 17 Oct 2022, 17:35 Sudalai Kumar, <ss.kumar1987@gmail.com> wrote:

Sir/madam,

 The wire man of eb department collected sign in their  own format of letter from me at my house 149. He said that he can solve the issues in one or two days since the Labour support is not sufficient in this regard. Therefore requesting for good number of man support for the village people.


On Sat, 15 Oct 2022, 06:51 Sudalai Kumar, <ss.kumar1987@gmail.com> wrote:

Sir/Madam,

                  A few points added now as per the instruction of AE and fresh document is submitted here for reference.


On Fri, Oct 14, 2022 at 5:11 PM Sudalai Kumar <ss.kumar1987@gmail.com> wrote:

Sir/Madam,

                    The letter is attached herewith for your reference of Assistant Engineer, Nanguneri TNEB.


On Fri, Oct 14, 2022 at 4:05 PM Sudalai Kumar <ss.kumar1987@gmail.com> wrote:

Sir/Madam,

                   The EB person called me and said that they wanted to talk with me on the phone and I attended the call with him. He said and gave his number for any issues in the village for power issues. Yesterday the domestic water was stopped and the whole day went without water. Today somehow water came and managed. Then the mental woman of Mr Sundaram also was waiting outside my house yesterday and requested you to admit her in the hospital for better treatment. 


---------- Forwarded message ---------

From: AE/O&M/NANGUNERI RURAL <tit025ae@tnebnet.org>

Date: Fri, Oct 14, 2022 at 3:02 AM

Subject:

To: <ss.kumar1987@gmail.com>



Sir please send ur contact no and scno



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Best Regards,

Dr. S. Sudalai Kumar M.Sc.,Ph.D.,

Farmer, Cow herder and Agriculturalist

Dr Farmers, Nanguneri Taluk

Tirunelveli 627108.