Karpagam, v. The Chairman / Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.11783 of 2020 Karpagam ... Petitioner Vs.
1.The Chairman / Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10th Floor, NPKRR Malikai, 144, Mount Road(Anna Salai) Chennai - 600 002.
2.The District Collector , The District Collector Office, Kallakurichi and District-606 202.
3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kallakurichi and District-606 202.
4.The Assitant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kachirapalayam, Kallakurichi District - 606 207.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to give the compensation Rupees 10 lakhs for my husband electrocution death.
For Petitioner : Mr.V.Gunasekar For Respondents : Mr.A.Selvendiran Government Counsel for R2 Mr.L.Jai Venkatesh Standing Counsel for R1, R3 & R4
O R D E R
This writ petition has been filed seeking for compensation from the TANGEDCO for the untimely death of the husband of the petitioner due to electrocution. 2.The case of the petitioner is that she married one Senthil in the year 2005 and out of the said wedlock, 2 children were born. It is stated that the husband of the petitioner was mainly relying upon agricultural income and the family was depending upon his earnings.
3.It is stated that on 11.09.2014 at about 4.30 p.m., the husband of the petitioner went to the field to irrigate the crops and at that point of time, he is said to have come in contact with a live wire and he was electrocuted and he died on the spot.
4.A complaint came to be given before the concerned police station and FIR was registered under Section 174 Cr.P.C., in Crime No.202 of 2014 on 11.09.2014. The body of the husband of the petitioner was sent for postmortem and it is clear from the Postmortem Certificate that the cause of death of the husband of the petitioner was due to electrocution. 5.The deceased left behind his wife and two children and he was 37 years at the time of his death. The petitioner made a representation to the respondents seeking for compensation and since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 6.The 4th respondent had filed a counter affidavit and the 4th respondent has taken a stand disputing the very incident and hence has questioned the compensation claimed by the petitioner.
7.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 8.On going through the records, it is found that the husband of the petitioner had died due to electrocution. It is clear from the Postmortem Certificate that was issued on 12.09.2014. It is also clear from the FIR that a complaint was
given to the effect that the husband of the petitioner died since he came in touch with a live wire in the agricultural fields and he died on the spot. On going through the records, it is clear that the husband of the petitioner has faced an untimely death and the cause of the death is the live low tension wire that had fallen down in the agricultural fields. Therefore, there is no doubt in the mind of this Court that the reason for the death of the husband of the petitioner is only due to electrocution caused by coming in contact with a live wire.
9.The next issue that arises for consideration is the compensation claimed by the petitioner. The petitioner has claimed a compensation of a sum of Rs.10,00,000/-. Taking into consideration the fact that the deceased had left behind his wife and two children and that there is an immediate requirement for the family to sustain themselves, this Court is inclined to fix the compensation at Rs.5,00,000/-. In fact, the electricity Department itself through a Circular dated 16.10.2019 had fixed the compensation payable due to such fatal accidents at Rs.5,00,000/-. This Circular is also taken into consideration while fixing the compensation payable to the petitioner. 10.In view of the above discussion, there shall be direction to the 3rd respondent to pay a compensation of a sum of Rs.
5,00,000/- (Rupees Five Lakhs only) to the petitioner, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 3rd respondent along with a copy of this order. 11.This writ petition is disposed of with the above direction. No Costs.
Sd/- Assistant Registrar (CS-CCC) // True Copy // Sub Assistant Registrar ssr
To 1.The Chairman / Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10th Floor, NPKRR Malikai, 144, Mount Road(Anna Salai) Chennai - 600 002.
2.The District Collector , The District Collector Office, Kallakurichi and District-606 202.
3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kallakurichi and District-606 202.
4.The Assitant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kachirapalayam Kallakurichi District - 606 207.
+1CC to Mr.V.Gunasekar, Advocate, SR.No. 45257 +1CC to M/s.L.Jai Venkatesh, Advocate, SR.No. 45359 W.P.No.11783 of 2020 (CO) B.VC (27/09/2021)