Mrs.Vasanthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16076 of 2014 Mrs.Vasanthi
...Petitioner
Vs.
1. The District Collector, Collectorate, Tiruvarur Tiruvarur District.
2. The Superintending Engineer, Tamilnadu Electricity Board, Nagapattinam & District.
3. The Executive Engineer, Tamilnadu Electricity Board, Mannarkudi, Tiruvarur district.
4. The Junior Engineer, (Operation & Maintenance) Tamilnadu Electricity Board, Tituthuraipoondi, Tiruvarur District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the compensation to the petitioner's family for the reason electrocaution death caused by the electric accident took place on 31.10.2012 at Poonduveli street, Thiruthuraipoondi Town, in Thiruvarur district. For Petitioner : Mr.K.M.Subrahmaniam For R1 : Mr.L.Jayaprakash Government Advocate For R2 to R4 : Mr.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 the compensation to the
petitioner's family for the reason electrocution death caused by the electric accident took place on 31.10.2012 at Poonduveli street, Thiruthuraipoondi Town, in Thiruvarur district.
2. The petitioner states that her husband Late.Ravi went to the Tea shop on 31.10.2012 to take tea at Tiruthuraipoondi Poonduvalli street, near Sai Nagar. Electric wire broke and laid down on earth due to heavy rain fall and storm. Without noticing the same, the husband of the petitioner touched the live electric wire and died on the spot.
3. The accident of electrocution was reported to the Village Administrative officer and a Criminal Case was registered by the Thiruthuraipoondi Police in Crime No.576 of 2012 on the same day on 31.10.2012, under Section 174 of Cr.P.C. The copy of the F.I.R reveals that the husband of the petitioner died due to electrocution and the petitioner has got children. The Village Administrative Officer also made a complaint to the Inspector of Police regarding the death due to electrocution only.
4. In view of the fact that the death due to electrocution was established through these documents, and thus no further evidence is required for the purpose of considering the case of the writ petitioner. Accordingly, the petitioner is entitled for compensation as per the Electricity Board proceedings. The petitioner is entitled for a compensation of Rs.5,00,000/- (Rupees Five Lakhs only) along with the interest.
5. Accordingly, the respondents are directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the petitioner along with the interest at the rate of 5% per annum from the date of death i.e, on 31.10.2012 till the date of realisation. The said amount of compensation along with the interest is directed to be paid to the writ petitioner within a period of twelve (12) weeks from the date of receipt receipt of a copy of this order.
6. With these directions, the Writ Petition stands allowed. No costs.
Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar
Jeni/Nti To
1. The District Collector, Collectorate, Tiruvarur Tiruvarur District.
2. The Superintending Engineer, Tamilnadu Electricity Board, Nagapattinam & District.
3. The Executive Engineer, Tamilnadu Electricity Board, Mannarkudi, Tiruvarur district.
4. The Junior Engineer, (Operation & Maintenance) Tamilnadu Electricity Board, Tituthuraipoondi, Tiruvarur District.
+1cc to the Government Pleader, S.R.No.60689 W.P.No.16076 of 2014 NMI[co] NSK 03/12/2021