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Madras High CourtWP/7054/2025disposed of

A.Selvaragavan v. The Chairman-Cum-Managing Director

2025-02-28Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.7054 of 2025 A. Selvaragavan ... Petitioner Vs.

1. The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer, Distribution Erode, Tamil Nadu Generation and Distribution Corporation Ld., Erode Electricity Distribution Circle, Erode.

4. The Superintending Engineer, Salem, Tamil Nadu Generation and Distribution Corporation Ltd., Erode Electricity Distribution Circle, K.N.Colony P.O., Salem - 636 014.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct

the respondents to pay compensation to the petitioner for the death of his mother due to electrocution as per the (Per.) (FB) TNPDCL Proceedings No.11, dated 21.12.2024.

For Petitioner : Ms.B.Keerthana For Respondent : Mr.I.Syed Sibghatulla Nos.1 to 4 - - - - -

ORDER

The Writ Petition is filed to pay compensation to the petitioner for the death of his mother due to electrocution as per the TNPDCL Proceedings No.11, dated 21.12.2024.

2. On a perusal of the affidavit in support of the Writ Petition and the documents that are appended thereto, it can be seen that the petitioner's mother while crossing through an agricultural land, came into contact with the live wire belonging to the respondent Organization, which lay snapped and on account of electrocution, she immediately died. A case in Crime No.174 of 2024 was also registered. The body was also subjected to postmortem. Thereafter, the petitioner had made an application to the respondents authorities by duly enclosing the death

certificate as well as the legal heirship certificate along with the photograph and the First Information Report.

3. On a perusal thereof, it can be seen that the death was due to electrocution and the wire of the respondents' Organization got snapped and it was a live wire. In view thereof, the respondents are liable to pay compensation for the death and the liability is a strict liability as the respondents are supposed to install the equipments such as MCCB switch etc. to prevent the wire being a live wire. In any event, the respondents themselves had issued proceedings No.11, dated 21.12.2024 whereby for fatal accident, the compensation is fixed as Rs.10,00,000/-.

4. When the matter came up for admission, the learned counsel appearing on behalf of the petitioner, upon direction of this Court, would also file a calculation as per the Motor Vehicles Act. The same also comes around Rs.11,84,022/- and not much different from the amount that is ordered to be paid by the respondents themselves.

5. The learned counsel appearing for the respondents submits that the application of the petitioner will be considered in the light of the proceedings and the compensation, if any, will be released in accordance with law.

6. In view thereof, since the petitioner's mother died out of electrocution, the respondents are directed to consider the application of the petitioner dated 14.02.2025 and release the compensation of Rs.10,00,000/- in accordance with law. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of a web copy of the order without waiting for the certified copy of the order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.02.2025 ASI

To

1. The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer, Distribution Erode, Tamil Nadu Generation and Distribution Corporation Ld., Erode Electricity Distribution Circle, Erode.

4. The Superintending Engineer, Salem, Tamil Nadu Generation and Distribution Corporation Ltd., Erode Electricity Distribution Circle, K.N.Colony P.O., Salem - 636 014.

D. BHARATHA CHAKRAVARTHY, J.

ASI Writ Petition No.7054 of 2025 28.02.2025