E.Sudhandra Devi v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI E.Sudhandra Devi
...Petitioner
Vs.
1.
The Chairman, TANGEDCO / TNEB No.144, Anna Salai, Chennai-600 002.
2.
The Superintending Engineer, O/o.Superintending Engineer, CEDC/West/Tirumangalam, Chennai - 600 040.
3.
The Executive Engineer, TANGEDCO / TNEB O & M, Ambattur Division, Ambattur Industrial Estate, 3rd Main Road, Chennai - 600 058.
4.
The Inspector of Police, T3, Korattur Police Station, Chennai - 600 080.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to pay maximum compensation for the death of the petitioner's husband Page No.1 of 6
who died due to electrocution.
For Petitioner : Mr.V.Karthikeyan For Respondents : Mr.Neelakandan, AAG, Assisted by Mr.L.Jai Venkatesh, for R1 to R3 : Mr.L.Baskaran, GA, for R4
ORDER
This Writ Petition has been filed to direct the respondents 1 to 3 to pay maximum compensation for the death of the petitioner's husband who died due to electrocution.
2. The case of the petitioner is that on 29.11.2023, the husband of the petitioner died due to electrocution. The deceased was a Government Advocate attached to the office of the Government Pleader, High Court, Madras. The deceased came into contact with the live wire which was cut loose near Sri Durga Industries. Thereafter, he was collapsed and was taken to Hospital, and they declared him as brought dead. Seeking maximum compensation, the present writ petition writ petition has been filed by the petitioner.
4. Learned counsel for the petitioner submitted that, the negligent act on the part of the Electricity officials has resulted in the above said tragic incident. Further, the respondents failed to take due care and Page No.2 of 6
caution in maintaining electric supply lines. Therefore, this Court may consider passing a direction to the respondents to shell out adequate compensation for the loss suffered by the petitioner's husband.
5. Learned Additional Advocate General appearing for the respondents 1 to 3 submitted that, this Court vide order dated 16.08.2024, has directed the respondents to release a sum of Rs.5,00,000/- in favour of the petitioner in accordance with the board proceedings dated 16.10.2019 and adjourned the same for compliance on 21.08.2024, pursuant to which a demand draft for a sum of Rs.5,00,000/- vide Demand Draft No.521013 dated 20.08.2024, has been issued in favour of the petitioner herein in respect of electrocution towards loss of petitioner's husband. However, if the petitioner is aggrieved by the said amount, she has to approach the District Legal Services Authority as per Victim Compensation Scheme.
6. Heard learned counsel on either side and perused the material documents placed on record.
7. It is pointed out by the learned Additional Advocate General appearing for the respondents 1 to 3 that pursuant to the order passed by Page No.3 of 6
this Court, the third respondent has filed a report before this Court. On a perusal of the said report it is clear that a demand draft for sum of Rs.5,00,000/- has been issued in favour of the petitioner in accordance with the board proceedings dated 16.10.2019. If at all the petitioner is aggrieved by the above said compensation amount, the petitioner is at liberty to make appropriate application before the District Legal Services Authority under the Victim Compensation Scheme within a period of two
(2) weeks from the date of receipt of a copy of this order, along with a copy of this order. Upon receipt of the such application, the District Legal Services Authority shall consider the same and conduct enquiry on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks thereafter, after affording an opportunity of personal hearing to the petitioner and respondents electricity board persons.
8. With the above directions, this Writ Petition stands disposed of. No costs.
21.08.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes / No To Page No.4 of 6
1.
The Chairman, TANGEDCO / TNEB No.144, Anna Salai, Chennai-600 002.
2.
The Superintending Engineer, O/o.Superintending Engineer, CEDC/West/Tirumangalam, Chennai - 600 040.
3.
The Executive Engineer, TANGEDCO / TNEB O & M, Ambattur Division, Ambattur Industrial Estate, 3rd Main Road, Chennai - 600 058.
4.
The Inspector of Police, T3, Korattur Police Station, Chennai - 600 080.
Page No.5 of 6
M.DHANDAPANI, J.
rap 21.08.2024 Page No.6 of 6