Siona Priscilla v. Greater Corporation Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD P.Radhabai

...Petitioner

-Vs1.The Chief Engineer, Tamil Nadu Electricity Board, No.114, Anna Salai, Chennai - 600 002 and 2 others

...Respondents

For Petitioner :

Mr.B.Gurumurhty For R1 :

Mr.P.Gunaraj Government Advocate For R2 & R3 :

Mr.E.C.Ramesh Standing Counsel

O R D E R

Learned counsels appearing on either side are present.

2. A counter affidavit was filed by the 3rd respondent dated 10.12.2024, wherein it is stated that the petitioner has already received a compensation of Rs.1,00,000/- in the year 2012 from the Chief Minister Relief Fund. In the year 2017, the petitioner sent a representation to 1/4

TANGEDCO and after 7 long years, the petitioner sent a representation dated 22.03.2019 to the 2nd and 3rd respondents herein claiming a compensation of Rs.10,00,000/-, and the same was rejected by the respondents on the ground that the deceased was intoxicated at the time of his death. Hence, the compensation could not be granted.

3. When the matter came up for hearing before this Court on 29.11.2024, this Court passed the following order: "The 3rd respondent / Mr.D.Saravanan, Assistant Engineer, Zone - III, Chennai Corporation, Adayar, Chennai, who joined service on 26.03.2008, is present in Court today.

2. A very strange argument is put on behalf of the 2nd and 3rd respondents that merely because the deceased was under the influence of alcohol he died because of electrocution. If the wire is hanging in the middle of the road, whether the person is under the influence of alcohol or not, still electrocution will cause death. This strange reason is put up by the Zonal Officer, Zone - III, Chennai Corporation, who is present in Court today.

3. Let him file an affidavit and counter affidavit / in his name asserting this particular fact.

4. It is also noted that postmortem was conducted and the result shows there was no indication of alcohol in the body.

5. There is no appearance on behalf of the 1st respondent. Counter of 1 st respondent is available.

6. For counter to be filed by the 2nd and 3rd respondents to be sworn by Mr.D.Saravanan, Assistant Engineer, Zone - III, Chennai Corporation, Adayar, Chennai, list the matter once again on 10.12.2024. "

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4. In the present case, the petitioner has already received a compensation of Rs.1,00,000/- in the year 2012 from the Chief Minister Relief Fund, and this Court is inclined to grant a sum of Rs.2,00,000/- [Rupees Two Lakhs Only] as an interim measure to the petitioner since she lost her son, who was unmarried, and also taking into consideration the petitioner is a senior citizen aged about 63 years as on date.

5. In view of the above facts and circumstances of the case, the 2nd respondent is directed to pay a sum of Rs.2,00,000/- [Rupees Two Lakhs Only] towards an interim measure to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.

6. The Zonal Officer, Zone - III, Chennai Corporation, Adayar, Chennai, the 3rd respondent herein, is directed to appear in person before this Court on 27.03.2025 at 10.30 a.m., along with an affidavit as directed by this Court vide order dated 29.11.2024.

7. Post the matter on 27.03.2025.

12.03.2025 cda Index : Yes/No 3/4

J.SATHYA NARAYANA PRASAD, J.

cda To 1.The Chief Engineer, Tamil Nadu Electricity Board, No.114, Anna Salai, Chennai - 600 002.

2.The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003.

3.The Zonal Officer, Zone III, Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai - 600 020.

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