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Madras High CourtWP/29619/2014disposed of

Sagaya Mary v. The State Of Tamilnadu

2021-12-10Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.29619 of 2014 Sagaya Mary

...Petitioner

Vs.

1. The State of Tamil Nadu, Represented by its Secretary to Government Energy Department, Fort St. George, Chennai-600 009

2. The Chairman Cum Managing Director, Tamilnadu Generation and Distribution Corporation Ltd No.144, Anna Salai, Chennai-600 002

3. The Chief Engineer TANGEDCO Chennai North Region TNEB, 5A-Block Electricity Avenue No.144, Anna Salai, Chennai-600 002

4. The Assistant Engineer Chennai Electricity Distribution Circle Central/TNEB/MGR Salai, 110/ 33/11KV/Valluvar Kottam, SS Complex, Nungambakkam, Chennai- 600 034 ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to consider the representation of the petitioner nil dated and direct the respondents to pay the compensation as claimed in the representation. For Petitioners : Mr.K.Varadha Kamaraj For R1 : Mr.N.Senthil Selvi Government Advocate For R2 to R4 : Mr.L.Jai Venkatesh [For TANGEDCO]

O R D E R

The relief sought for in the present writ petition is to direct the respondents 2 to 4 to consider the representation submitted by the writ petitioner for payment of compensation.

2. The husband of the petitioner died due to electrocution on 29.09.2013 inside his house. The history of the case has been narrated by the Superintending Engineer in his counter affidavit which reads as follows:

"5. I respectfully submit, in the first instance, the history of the case for better appreciation by this Hon'ble Court.

(i) On 29.09.2013, an information came to the Fuse Off Call Centre at Nungambakkam Substation Complex that a person got electrical injuries at Gulam Mohamed Moideen Street.

(ii) Immediately, the Assistant Executive Engineer/Thousand Lights Section (Upgraded), who is the jurisdictional Engineer of area, rushed to the spot immediately and, as a immediate safety measure, inspected the pillar box of the Board feeding to that area and isolated the supply by removing the fuse wire, thereby supply got interrupted.

(iii) Further, the said AEE has also inspected the pillar box and the lines and ensures that the same are intact and that there is no damage to any electrical installations including cables and thereby ensured that the electrical installations were not the cause for the incident informed.

(iv) At that time, in view of the electrical accident happened inside a premises, there was large gathering of nearby public. Hence, along with the Inspector of Police who was present there, the said AEE inspected the Meter Chamber in which the cut-out, meter box, etc. are installed and ensured that there was no damage to the cut-out or meter and as such he has once again ensured that the incident was not due to the faulty lines of the TANGEDCO.

(v) The said inspection further revealed that the incident of electric shock occurred due to

fault in the television in the living room of the premises.

(vi)As the supply position and installations are intact upto the meter point and it is the responsibility of the consumer to keep their installations, etc. within their premises intact, there is no occasion to the TANGEDCO to proceed any further. Had it been the fault of the electrical installations of the TANGEDCO, the other electrical fittings and appliances in the premises including the upstairs premises in which the deceased and the petitioner are living would have been affected, which is, admittedly, not the case herein.

(vii) Later, it came to know that an FIR was lodged on the file of the Sub Inspector of Police, F4 Thousand Lights Police Station in Crime No. 1029 of 2013, wherein as well it was clearly stated that the deceased and the petitioner had loudly heard from the ground floor premises and the deceased went to help them where the male member of the ground floor premises was in contact with electrical shock and the deceased while attempting to rescue him got electrocuted. In other words, in the FIR there is a clear statement that the incident happened within the premises. Later, it came to light that the husband of the petitioner died.

(viii) The petitioner, admittedly, sent a representation, dated Nil (page 12 & 13 of the typed set of papers of the petitioner) to the first, second, third and fourth respondents herein. As the answering respondent is empowered to sue and be sued on behalf of the first respondent and the TANGEDCO, on behalf of the TANGEDCO, I have sent a detailed reply to the petitioner narrting the happenings and the inability of the TANGEDCO to pay compensation for the incident not occured dut to any fault of the TANGEDCO. Despite the detailed reply, the petitioner has approached this Hon'ble Court on untenable grounds."

3. In view of the fact that the electrocution had occurred inside the house of the petitioner and the authorities of the Electricity Board found that electrocution happened from the Television, which is inside the house of the petitioner, they have not considered the case of the petitioner for grant of compensation. However, the petitioner raises certain objections,

in the event of any such dispute, it is for the petitioner to approach the competent Court of law for the purpose of adjudication of the issues on merits and in accordance with law.

4. With these observations, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Jeni/Cse To

1. The Secretary to Government The State of Tamil Nadu, Energy Department, Fort St. George, Chennai-600 009.

2. The Chairman Cum Managing Director, Tamilnadu Generation and Distribution Corporation Ltd No.144, Anna Salai, Chennai-600 002.

3. The Chief Engineer TANGEDCO Chennai North Region TNEB, 5A-Block Electricity Avenue No.144, Anna Salai, Chennai-600 002.

4. The Assistant Engineer Chennai Electricity Distribution Circle Central/TNEB/MGR Salai, 110/ 33/11KV/Valluvar Kottam, SS Complex, Nungambakkam, Chennai- 600 034.

+1cc to Mr.K.Varadha Kamaraj, Advocate, S.R.No.66264 W.P.No.29619 of 2014 SVI(CO) RGA(28/12/2021)