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The State Human Rights Commission (SHRC) has held that the Tamil Nadu Electricity Board (TNEB) was vicariously liable for the electrocution of a six-year-old girl in a case of electricity theft and recommended to pay a compensation of Rs 50,000 to her mother.



The Board could recover the sum, if law permitted, from the land owner and tenant, the SHRC said.



Commission Chairperson A S Venkatachalamoorthy wondered as to why the police had not proceeded against the landlord when the tenant was charged.



There was no charge relating to electricity theft. The Superintendent of Police, Erode, should look into the matter immediately as trial was on, he said.



Thulasimani of Jothipuram in Erode District had lodged a complain with the Commission that in April 2004, when she, along with her daughter Nandini, was passing through the land of Dharmalingam, the girl stepped on a live wire. She was rushed to hospital where she was declared dead.



In their common counter, Saravanan, Assistant Executive Engineer, Carrier Communication, TNEB, Erode, and Annamalai, lineman (retired), said they came to know of the incident only on receipt of the SHRC summons.



They denied the allegations against the Board and contended that they had nothing to do with the incident.



Ms Thulasimani deposed before the Commission that Prakash had taken the land on lease. The tenant was residing in a shed close to the well and had drawn power from the well connection to the shed.



Mr Saravanan said power was provided free to the well.



Beneficiaries of such connections could not draw a power line to any other place.



Justice Venkatachalamoorthy said power being supplied free to the well on the agricultural land was not in dispute. It was also not disputed that power was drawn to the nearby shed from the service connection.



He said clauses in the TNEB terms and conditions of supply that the consumer should take precautions for the safe custody of Board equipment on his premises and that the Board would not accept responsibility for maintenance or testing of equipment and wiring on the consumers premises would not help it in any way.



In the present case there had been power theft. The provisions would apply only in cases where consumers could not be accused of power theft, he said.


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