Madras High CourtWP(MD)/3409/2019allowed

Alagesan, S/O.Late Ramasamy v. The Chief Engineer,

2019-03-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3409 of 2019 Alagesan ... Petitioner Vs 1.The Chief Engineer, TANGEDCO, (TNEB), 300, Anna salai, Chennai.

2.The Superintending Engineer, TANGEDCO, Madurai.

3.The Assistant Engineer, TANGEDCO, Viraganoor Circle, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay Rs.10 Lakhs as compensation to the petitioner for the death of his father Late. Ramasamy due to electrocution at Puliyankudi Village, Silaiman Taluk, Madurai District.

For Petitioner : Mr.V.P.Rajan For Respondents : Mr.S.M.S.Johny Basha

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's father died due to electrocution on 05.11.2018 when he had gone to get firewood. In this regard Crime No.403 of 2018 was registered on the file of the Silaiman Police Station. The petitioner has enclosed the postmortem certificate which indicates that the said Ramasamy died due to electrocution. 3.Therefore, prima facie it is seen that TANGEDCO will have to bear the responsibility. The petitioner has demanded a sum of Rs.10,00,000/- as compensation.

4.I am of the view that the respondents can be directed to pay a sum of Rs.5,00,000/- to the legal heirs of the deceased Ramasamy and the legal heirs can be given liberty to move the Civil Court https://hcservices.ecourts.gov.in/hcservices/

if they want enhanced compensation.

5.Accordingly, the respondents are directed to pay a sum of Rs.5,00,000/-(Rupees Five Lakhs only) to the legal heirs of the deceased Ramasamy within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the legal heirs are desirous of seeking a higher compensation, they are at liberty to move the Civil Court.

6.Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Engineer, TANGEDCO, (TNEB), 300, Anna salai, Chennai.

2.The Superintending Engineer, TANGEDCO, Madurai.

3.The Assistant Engineer, TANGEDCO, Viraganoor Circle, Madurai District.

+1 CC to M/s.V.P.RAJAN, Advocate ( SR-54903[F] dated 19/03/2019 ) pnn W.P.(MD)No.3409 of 2019 15.03.2019 KM/(02.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/