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Madras High CourtWP/23489/2024disposed of with direction

Mangamma v. The Chairman And Managing Director,

2024-08-12Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Mangamma ... Petitioner Vs.

1. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), No.144, Annasalai, 6th Floor, Chennai-600 002.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), SH 58A, Vellore Road, Volimohammed Pettai, Kanchipuram-631 502.

3.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), Tiruvallur Bye-Pass Road, Tiruttani-631 209.

4.The Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), Arakkonam Road, Tiruttani-631 209. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to pay a sum of Rs.18,25,000/- (Rupees Eighteen Lakhs Twenty Five Thousand only) towards compensation with interest at 12% per annum from the date of death till the date of realization, for the death of the petitioner's husband Govindaraj who died on 21.05.2024 by electrocution due to negligence on the part of the respondents within a stipulated time fixed by this Court. For Petitioner :

Mr.G.Jeremiah For Respondents :

Mr.L.Jai Venkatesh Standing Counsel

O R D E R

This Writ Petition has been filed to direct the respondents to pay a sum of Rs.18,25,000/- (Rupees Eighteen Lakhs Twenty Five Thousand only) towards compensation with interest at 12% per annum from the date of death of the petitioner's husband, who died on 21.05.2024 by electrocution due to

negligence on the part of the respondents, till the date of realization, within a stipulated time fixed by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner's husband was an employee in Arulmighu Subramaniya Swamy Thirukovil, Tiruttani and retired from service. After retirement, he was carrying out the agricultural works in his land. While so, on 21.05.2024, when he was returning from the agricultural land to home, the petitioner's husband died due to electrocution and it had happened due to the negligence of the respondents' employees who had left the electric wire which was lying in the water. In this regard, the petitioner has submitted a detailed representation to the respondents seeking compensation of Rs.18.25 Lakhs on 22.06.2024, however, the same was not considered. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submits that as per (Per.) (FB) TANGEDCO Proceedings No.6 dated 16.10.2019 issued by the Chief Engineer/Personnel, in respect of fatal, a sum of Rs.5,00,000/- is to be payable to the family of the deceased. Hence, this Court may issue a direction to the respondents to pay a sum of Rs.5,00,000/- to the petitioner and may permit the petitioner to file a claim petition before the concerned District Legal Services Authority claiming further compensation.

4. The learned Standing Counsel appearing for the respondents submits that as per (Per.)(FB) TANGEDCO Proceedings No.6 dated 16.10.2019 issued by the Chief Engineer/Personnel, a sum of Rs.5,00,000/- will be paid to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. Considering the submissions made by both sides and the fact that in respect of fatal, a sum of Rs.5,00,000/- is to be payable to the family

of the deceased on compassionate grounds as per (Per.)(FB) TANGEDCO Proceedings No.6 dated 16.10.2019 issued by the Chief Engineer/Personnel, this Court directs the respondents to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as compensation to the petitioner within a period of four weeks from the date of receipt of a copy of this order. After receipt of the compensation, the petitioner is at liberty to file a claim petition before the concerned District Legal Services Authority claiming further compensation.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 12.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), No.144, Annasalai, 6th Floor, Chennai-600 002.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), SH 58A, Vellore Road, Volimohammed Pettai, Kanchipuram-631 502.

3.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), Tiruvallur Bye-Pass Road, Tiruttani-631 209.

4.The Executive Engineer (O&M), Tamil Nadu Generation and Distribution Corporation Limited, (TNGEDCO), Arakkonam Road, Tiruttani-631 209.

M.DHANDAPANI, J.

ssb 12.08.2024