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Madras High CourtWP/29841/2017disposed of

M.Loganathan, v. The Chairman Cum Managing

2021-11-26Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM:

The Hon'ble Mr.Justice Krishnan Ramasamy W.P.No.29841 of 2017 M.Loganathan

...Petitioner

Vs 1.The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th floor, NPKRR Maaligai, 144, Anna Salai, Chennai 600 002.

2.The Junior Engineer, Tamil Nadu Electricity Board and Distribution and Maintenance, Thiruthuraipoondi, Thiruvarur District.

3.The Assistant Engineer, Tamil Nadu Electricity Board and Distribution and Maintenance, Thiruthuraipoondi, Thiruvarur District.

4.The Superintendent Engineer, Tamil Nadu Electricity Board and Distribution and Maintenance, Thiruthuraipoondi, Thiruvarur District.

...Respondents

Prayer:

Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent to pay a sum of Rs.15,00,000/- towards compensation for the death of the petitioner's son namely Aravindan@Logashwaran on 06.05.2010, caused by electrocution due to the negligence of the respondent. For Petitioner : M/S.S.Arivazhagan For Respondents : Mr.L.Jai Venkatesh Standing Counsel

O R D E R

The prayer in this Writ Petition is for issuance of a mandamus on the respondents to pay a sum of Rs.15,00,000/- as compensation to the petitioner for the death of one Viz., Aravindan@Logashwaran, who is the son of petitioner.

2. MR.S.Arivazhagan, the learned counsel appearing for the petitioner submits that, on 06.05.2010, at about 6.30 a.m, the petitioner's son went to shop to purchase milk. As ill luck would have it, there was a snapped live high tension electric wire, lying on the road, and when the said Aravindan@Logashwaran came into contact with the snapped wire, he was electrocuted. Regarding the said tragic incident, a complaint has been lodged, which was registered as a case in Crime No.49 of 2010, wherein, it has been alleged that the respondent-Electricity Board is not proper in maintaining the electric wires, and it was only due to their negligence and recklessness, the said Aravindan@Logashwaran died, and therefore, the petitioner has to be compensated.

3. Mr.L.Jai Venkatesh, the learned Standing Counsel appearing for the respondents fairly submits that electrocution may be on the part of the respondents, due to heavy rain, the electric wire got snapped and fell on the road. The petitioner's son got into contact with that electrocution wire felt on the road. As a result, the petitioner's son had passed away. Therefore, the learned Standing Counsel submitted in these type of cases, the Board has taken a policy decision, dated 06.10.2019, in case of fatal death, the LRS of the deceased are entitled to get a sum of Rs.5,00,000/- as compensation. Therefore, he submits that the petitioner is entitled to only a sum of Rs.5,00,000/- along with an interest of 7.5%.

4. Heard the learned counsel appearing for the petitioner and learned Standing Counsel for respondents, and perused the materials placed on record.

5. There is no dispute with regard to the death of Aravindan@Logashwaran on 06.05.2010, and the death occurred due to heavy rain, the electric wire got snapped and led to death of Aravindan@Logashwaran. Had the respondent-Board been proper and regular in maintaining the electric wires (with due care and caution) the electric wire would not have got snapped, nor does the petitioner would have lost his son. Therefore, the tragic incident occurred, for which, the petitioner is entitled to the compensation.

5.1 Since it is pointed out by the learned Standing Counsel for the respondent-Electricity Board that the respondentTANGEDCO has taken a policy decision, dated 06.10.2019, that, in case involving fatal death, the legal heirs of the deceased are required to be given compensation of Rs.5,00,000/-, this Court directs the second respondent to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) along with 7.5% interest from the date of death of Aravindan@Logashwaran, i.e. 06.05.2010 to till the date of realization of the amount. However, since the petitioner made a claim for a sum of Rs.15,00,000/-, for the remaining portion of the amount, this Court grants liberty to the petitioner to approach the Civil Court, if so advised.

6. Accordingly, this Writ Petition is disposed of with liberty, as stated above. No Costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar jd To 1.The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th floor, NPKRR Maaligai, 144, Anna Salai, Chennai 600 002.

2.The Junior Engineer, Tamil Nadu Electricity Board and Distribution and Maintenance, Thiruthuraipoondi, Thiruvarur District.

3.The Assistant Engineer, Tamil Nadu Electricity Board and Distribution and Maintenance, Thiruthuraipoondi, Thiruvarur District.

4.The Superintendent Engineer, Tamil Nadu Electricity Board and Distribution and Maintenance, Thiruthuraipoondi, Thiruvarur District.

+1cc to Mr.S.Arivazhagan, Advocate SR. No.61752 +1cc to Mr.M.Abulkalam, Advocate SR. No.61655 W.P.No.29841 of 2017 GSM (CO) PR (21/12/2021)