Madras High CourtWP/12573/2019disposed of

Vijayakumar v. The Secreary

2021-08-11Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.12573 of 2019 1.Vijayakumar 2.Kala ..Petitioners .Vs.

1. The Secretary Government of Tamil Nadu Secretariat, Energy Department Fort St. George Chennai-9.

2. The Chairman Anna Salai Chennai-2.

3. The District Collector Kancheepuram.

4. The Supervising Engineer Chengalpet Distribution Circle, Chengalpet.

5. The Executive Engineer (O&M) Maraimalai Nagar.

6. The Inspector of Police S-14 Peerkaranai Police Station, Chennai-63.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to pay the compensation a sum of RS.20,00,000/- (Rupees Twenty Lakhs Only) with interest by Considering the representation dated 28.03.2019.

For Petitioners : Mr.K.Sathish Kumar For Respondents : Mr.A.Selvendran Government Advocate for R 1 & R 6 Mr.L.Jaivenkatesh Standing Counsel for R 2 to R 5

ORDER

This writ petition has been filed claiming for compensation for the death of the son of the petitioners due to electrocution.

2.The case of the petitioners is that they belong to narikuravar community and they had two sons and one daughter. They depend upon their daily earnings and the entire community lives as a group.

3.On 26.02.2017, the son of th petitioner named V.Dinesh, who is aged about 16 years had entered into an area near Karumariamman temple to collect waste plastic materials from the garbage. At that point of time, he became in touch with a live wire and he was electrocuted and he died on the spot. 4.A complaint was given in this regard and the same was registered in Crime No.457 of 2017, under Section 174 of Cr.PC. A postmortem was also conducted and it is clear from the postmortem report that the death was due to electrocution. 5.The petitioners issued a notice to the 4th respondent claiming for compensation on the ground that their son died due to the negligence of the electricity board. Since the same was not considered, the present writ petition has been filed before this Court.

6.The 4th respondent has filed a counter affidavit in this case. It is relevant to take note of paragraph 5 and 6 in the counter affidavit and the same is extracted hereunder: 5."I respectfully submit that V.Dinesh S/o.T.Vijayakumar, aged about 16 years No.28, M.G.R.Nagar, Pooncheri Village, Thirukalukundram Taluk, Kanchipuram District, came into contact with wire and met with an electrical fatal accident in Vandalur Section of Nedunkundram Village in Low Tension line of Karumariammnkoil SS 250 KVA on 26.02.2017 @ 10.30 Hrs in 11 KV Kolapakkam Town feeder fed from 110/11KV Unamanchery Substation. Due

to heavy wind and rain on the day of 26.02.2017 the Low Tention line snapping between poles and conductor hanging on the Vellikathan Trees which is in Jungle area. I further submit that the victim entered the Jungle area to collect the Waste Plastic Materials where the Garbage was dumped in the Jungle area and he came into contact with snapped Low Tension Line conductor and electrocuted.

6.I further submit that I deny the allegation and averments mentioned in para 5 of the petitioners affidavit that the Board had not taken any steps to give compensation. Regarding the above electrical fatal accident, we have submitted the detailed report to chief Engineer/Distribution/South as per the (Per) (F.B.) TANGEDCO Proceedings No.5 dated 29.04.2013 the TANGEDCO has resolved to make ex gratia payment on compassionate grounds for a sum of Rs.20000/- [Rupees Two Lakhs only] in respect of Fatal accident to Non Departmental person. In accordance with above BP a sum of Rs.2,00,000/- [Rupees Two Lakhs only] vide Memo.No.011105/149/ Sr.Adm.O/B.Sec/B2/F.Doc/2017 dated 29.07.2017 as exgratia payment on compassionate grounds was sanctioned and the petitioner was requested to accept the amount by complying the due process. I further submit that the victim's father Thiru.T.Vijayakumar was informed several times by the Board Officials to produce all the relevant documents i.e., Death Certificate, Legal Heirs Certificate to receive the exgratia.

7.Heard Mr.K.Sathish Kumar, learned counsel for the petitioners and Mr.A.Selvendram, learned Government Advocate for respondents 1 & 6 and Mr.L.Jaivenkatesh, learned Standing Counsel appearing on behalf of the respondents 2 to 5. 8.It is clear from the counter affidavit that the low tension line got snapped due to rain and heavy wind and the victim boy came in contact with a live wire and he was electrocuted and consequently he died. It is also clear from the counter affidavit that during the relevant point of time, the board proceedings in force provided for ex gratia payment on compassionate grounds of a sum of rupees Rs.2,00,000/- [Rupees two lakhs only] with respect to fatal accident. 9.

The learned counsel for the petitioners submitted that the death had occurred due to the negligence of the electricity board and therefore, the compensation has to be determined under the Motor Vehicles Act and the same has to be paid to the petitioners.

the compensation.

10.In the present case, the deceased belonged to the Narikuravar community and this community moves around in a group and they are basically daily wage earners. The deceased was aged about 16 years at the time of his death. The board proceedings has been subsequently amended in the year 2019 and the ex gratia payment has been enhanced to Rs.5,00,000/-[Rupees five lakhs only] for fatal accidents.

11.Taking into consideration the facts and circumstances of the case and the fact that this writ petition has been pending from the year 2019 onwards and the incident had taken place in the year 2017, without undertaking the exercise of determining the compensation under the Motor Vehicles Act, this Court is inclined to order compensation in line with the present board proceedings which provides for an ex gratia compensation of Rs.5,00,000/- [Rupees five lakhs only].

12.In view of the above discussion, this writ petition is allowed and there shall be a direction to the 4th respondent to pay a sum of Rs.5,00,000/- [Rupees five lakhs only] towards compensation to the petitioners, within a period of six weeks from the date of receipt of copy of this order. The petitioners are directed to make a representation to the 4th respondent along with a copy of this order.

13.This writ petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kp To 1.The Secretary Government of Tamil Nadu, Secretariat, Energy Department Fort St. George Chennai-9.