S.Ramani, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Ramani
...Petitioner
Vs.
1.The Chairman, Tamilnadu Generation of Electricity and Distribution Corporation, Annasalai, Chennai 600 002 2.The Superintending Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, Capper Hills, Cuddalore District, Cuddalore 607 004 3.The Assistant Executive Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, Poongunam Sub Station, Poongunam, Cuddalore District ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to pay the compensation of a sum of Rs.25,00,000/- for the death of the deceased Sundarambal aged about 45 years died on account of 1/4
electrocution on 25.10.1998 to the petitioner and her younger sisters based on the representation of the petitioner dated 18.04.2000, 22.08.2013, 28.11.2019 and 18.01.2022 within the stipulated time that may be fixed by this Court forthwith.
For Petitioner : No appearance For Respondents : Mr.L.Jaivenkatesh, Standing Counsel
ORDER
This writ petition has been filed seeking compensation of Rs.25,00,000/- for the death of the petitioner's mother. 2.
The petitioner's mother was working as Grade-II Assistant at Anganwadi Centre, Tiruvallur Nagar, Panruti. While being so, on 25.10.1998, after taking bath and while returning her house, live electric wire fell on her and she was electrocuted. Therefore, she died on the spot, pursuant to which FIR was registered in Crime No.1141 of 1998 under Section 174 of Cr.P.C. After period of 24 years, the petitioner has sought for compensation for the death of her mother. 2/4
3.
On perusal of FIR registered in crime No.1141 of 1998, does not reveal that the petitioner's mother died due to electrocution. Though postmortem report revealed that her mother died due to electric shock, there is absolutely no evidence to show that the petitioner's mother was electrocuted only because of the negligence on the part of the respondents. That apart, the incident happened inside the house. Therefore, whatever the issue in the electric line, it is not on the fault of the respondents and the claim of the petitioner cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed. 4.
Accordingly, this writ petition is dismissed. There shall be no order as to costs.
06.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4
G.K.ILANTHIRAIYAN, J.
lok 1.The Chairman, Tamilnadu Generation of Electricity and Distribution Corporation, Annasalai, Chennai 600 002 2.The Superintending Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, Capper Hills, Cuddalore District, Cuddalore 607 004 3.The Assistant Executive Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, Poongunam Sub Station, Poongunam, Cuddalore District 06.06.2024 4/4