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Madras High CourtWP/3995/2023disposed of with direction

Hamsavalli v. The Chairman

2025-10-16Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.3995 of 2023 Hamsavalli ... Petitioner Vs.

1.The Chairman Tamilnadu Electricity Generation and Distribution Corporation (TANGEDCO) Anna Salai, Chennai-600 002.

2.The Asst. Executive Engineer Tamil Nadu Electricity Board Ambal Nagar, Ponniamman Nagar Poonamallee, Chennai-600 056.

3.The Asst. Executive Engineer (Q & M/Mangadu, CEDC/South I Porur, Chennai-600 116.

... Respondents Prayer : The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to pay a compensation to the petitioner, the mother of the deceased for the death of Manikanta.R, the petitioner's son (deceased, aged 24 years) as a result of Electrocution.

For Petitioner : Mr.C.T.Mohan, Senior Counsel

for Mr.E.Krishnan For Respondents : Mr.D.B.R.Prabhu for Mr.L.Jai Venkatesh Standing Consel

O R D E R

This writ petition has been filed, directing the respondents herein to pay a compensation to the petitioner for the death of her son, who died due to Electrocution.

2. The case of the petitioner is that the petitioner's son, Manikandan, was employed as a driver at CSD Transport, located at 7/11, Nagodana Halli Village, Channasandra, Immadihalli Main Road, Whitefield Post, Bangalore560066. On 28.02.2022, at about, 1.30 p.m., her son was driving a container vehicle bearing registration number KA 03 AH 6272 in Poonamallee Trunk Road, opposite CSI Wesley Church. At that time, after parking the vehicle on the roadside, he opened the door, which came into contact with a live wire that had been negligently left exposed due to improper maintenance of electrical infrastructure. As a result, he was electrocuted and died on the spot. Following a complaint, the Law Enforcement Authorities registered a case in Crime No.116 of 2022, dated 28.02.2022, under Section 174 of the Criminal Procedure Code. In view of the above, the petitioner is entitled to claim compensation in accordance with the proceedings of the TANGEDCO dated 16.10.2019. In the

case of a fatal accident, the petitioner is entitled to receive a sum of Rs. 5,00,000/- as compensation. Accordingly, this Court may direct the respondents to pay the said amount to the petitioner within a time frame to be fixed by this Court. If the petitioner is not satisfied with the compensation of Rs. 5,00,000/-, this Court may grant liberty to the petitioner to seek enhancement of compensation before the District Legal Services Authority within a period of four weeks from the date of receipt of a copy of this order. The District Legal Services Authority shall provide an opportunity to the respondents to respond to the claim for enhanced compensation.

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3. The learned standing counsel for the respondents submits that, as per the proceedings dated 16.10.2019, the ex-gratia amount payable on compassionate grounds for fatal or non-fatal, non-departmental mechanical/electrical accidents involving human beings or animals has been enhanced from Rs.2,00,000 to Rs.5,00,000. Since the deceased passed away in the year 2022, the proceedings dated 16.10.2019 are applicable to his case, and accordingly, the revised amount will be disbursed to the petitioner.

4. In view of the above, the respondents are directed to pay a sum of Rs.5,00,000/- as compensation to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. If the petitioner is aggrieved by the amount of compensation, she is at liberty to file a petition for enhancement before the District Legal Aid Services Authority under the Victim Compensation Scheme, and the Authority may pass appropriate orders in accordance with law.

5. With the above direction, this writ petition is disposed of. No costs. 16.10.2025 uma Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To

1.The Chairman Tamilnadu Electricity Generation and Distribution Corporation (TANGEDCO) Anna Salai, Chennai-600 002.

2.The Asst. Executive Engineer Tamil Nadu Electricity Board Ambal Nagar, Ponniamman Nagar Poonamallee, Chennai-600 056.

3.The Asst. Executive Engineer (Q & M/Mangadu, CEDC/South I Porur, Chennai-600 116.

M. DHANDAPANI, J.

uma

W.P.No.3995 of 2023 16.10.2025