Mrs.K.Baby(Died), v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.K.Baby(Died) 1.Minor Bhuvaneshwari 2.Minor Boopathi (Petitioners 1 & 2 are substituted as per order dated 04.10.2021 in W.M.P.No.22822/2021 in W.P.No.7567 of 2015) .. Petitioners Vs
1. The Chairman, Tamil Nadu Electricity Board (TANGEDCO), Anna Salai, Chennai-2.
2. The Superintending Engineer, Tamil Nadu Electricity Board (TANGEDCO), P.N.Road, Tirupur- 641 602.
3. The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO), Mangalam Road, Avinasi 641 654
...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of 1/5
India, to issue a writ of Mandamus, directing the respondents to pay a sum of Rs.15,00,000/- as compensation for the death of petitioner's husband aged about 40 years, who died due to electrocution on 05.11.2014 together with prevailing rate of interest from the date of petition till date of realization. For Petitioners : Mr.V.Anandhamurthy For Respondents : Mr.M.Abdul Kalam Standing Counsel [For TANGEDCO]
O R D E R
The relief sought for in the present writ petition is to direct the respondents to pay a sum of Rs.15,00,000/- as compensation for the death of petitioner's husband aged about 40 years, who died due to electrocution on 05.11.2014 together with prevailing rate of interest from the date of petition till date of realization.
2. The petitioner states that her husband Mr.A.Kadhirvel was an agriculturist. They had two daughters. On 5.11.2014, it was found that the husband of the petitioner was electrocuted from the fence, which is on the side of the cattleshed. The brother of the petitioner's husband also died. 2/5
3. The fact regarding the death due to electrocution is not disputed by the respondents. In view of the fact that the death occurred due to electrocution, the respondents are liable to pay compensation as per the scheme of the respondent / Electricity Board. Though the petitioner claims a sum of Rupees Fifteen Lakhs towards compensation, the learned counsel for the petitioners, on instructions, made a submission that they are ready and willing to accept the fixed compensation as per the scheme of the respondents / Electricity Board.
4. However, it is brought to the notice of this Court that the petitioner also died.
5. Since the legal heirs of the petitioner are minors, the respondents are directed to deposit a fixed compensation amount of Rs.5,00,000/- (Rupees Five Lakhs only), along with the Simple Interest at the rate of 4% per annum from the date of death till the date of realisation of the compensation amount in any one of the Nationalized Bank in an interest bearing deposit scheme and the same is to be renewed periodically till the 3/5
minors attain the age of majority. The respondents are directed to deposit the compensation amount within a period of eight (8) weeks from the date of receipt of the copy of this order.
6. With these directions, the writ petition stands allowed. No Costs. 04.10.2021 (2/3) Internet:Yes Index : Yes Speaking order:Yes nti/kak To
1. The Chairman, Tamil Nadu Electricity Board (TANGEDCO), Anna Salai, Chennai-2.
2. The Superintending Engineer, Tamil Nadu Electricity Board (TANGEDCO), P.N.Road, Tirupur- 641 602.
3. The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO), Mangalam Road, Avinasi 641 654 4/5
S.M.SUBRAMANIAM, J.
nti/kak 04.10.2021 5/5