S.Ganesan, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 9/3/2023 C O R A M THE HONOURABLE Mr.JUSTICE M.DHANDAPANI a n d W.M.P.No.20239 of 2018 S.Ganesan ...
Petitioner Vs
1. The Chairman Tamil Nadu Electricity Board Chennai 600 002.
2. The Commissioner of Corporation Greater Chennai Corporation Rippon Buildings Chennai 600 003.
...
Respondents (R.2 impleaded as per order, dated 11/3/2020 made in W.M.P.No.2384 of 2020 in W.P.No.16990 of 2018, by KRCBJ) PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to pay the petitioner, the compensation for the physical disability and the mental trauma suffered by the petitioner, due to the accident occurred on 10/3/2015 at Rs.1,00,00,000/- (Rupees One Crore only). Page No:1/6
For Petitioner ...
Mr.P.Raja For respondents ...
Mr.L.Jai Venkatesh for R.1.
Ms.K.Aswini Devi Standing Counsel for R.2.
- - - - -
O R D E R
This writ petition has been filed to direct the respondent to pay the petitioner, the compensation for the physical disability and the mental trauma suffered by the petitioner, due to the accident occurred on 10/3/2015 at Rs.1,00,00,000/- (Rupees One Crore only).
2. The case of the petitioner is that when the petitioner was working as Maintenance and Delivery-in-charge, in a shop, on 10/3/2015, around 01.00 p.m., an electric post fell on his head and caused grave injuries. After taking several treatment in various hospitals, his disability was assessed at 98%. Hence the petitioner has sent a representation, dated 22/1/2015, to the first respondent for compensation. Since the first respondent has not taken any action, petitioner has come forward with the present writ petition. Page No:2/6
3. Heard Mr.P.Raja, learned counsel for the petitioner, Mr.L.Jai Venkatesh, learned counsel for the first respondent and Ms.Aswini Devi, learned Standing Counsel for the second respondent.
4. The learned counsel appearing for the petitioner submitted that the parent of the petitioner has spent Rs.15 lakhs for surgery. On the date of accident, a case was registered, on the file of R.1 Mambalam Police Station, in Crime No.1280 of 2015, under Section 338 of the Indian Penal Code and the same is still pending.
5. Learned counsel further submitted that during the pendency of the writ petition, on the influence of some body, he has approached the State Human Rights Commission. State Human Rights Commission has granted Rs.10 lakhs in favour of the petitioner and the same was received by the petitioner, on 14/10/2022.
6. I have perused the materials available on record.
7. It is not disputed that electric post was fell on the petitioner and caused grievous injuries in the cervical region. During the pendency of the Page No:3/6
writ petition, the petitioner has approached State Human Rights Commission for compensation, for which the State Human Rights Commission had paid a compensation for a sum of Rs.10 lakhs. If at all the petitioner has any grievance, he has to plea before the Metropolitan Magistrate Court, Saidapet, where Criminal case is pending.
8. In the result, this writ petition is dismissed. However, liberty is granted to the petitioner to work out his remedy before the appropriate forum. No costs. Consequently, the connected Miscellaneous Petition is closed.
9/3/2023 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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To
1. The Chairman Tamil Nadu Electricity Board Chennai 600 002.
2. The Commissioner of Corporation Greater Chennai Corporation Rippon Buildings Chennai 600 003.
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M.DHANDAPANI,J mvs.
W.P.No.16990 of 2018 9/3/2023 Page No:6/6