Madras High CourtWP(MD)/10286/2020disposed of

Pushpam v. The Chief Engineer

2021-01-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pushpam : Petitioner Vs.

1.The Chief Engineer, Tamilnadu Electricity Board, Anna Salai, Chennai - 600 002.

2.The District Collector, Office of the Collectorate, 3.The Chief Engineer, Tamilnadu Electricity Board, Vettoornimadam, Nagercoil, Kanyakumari District. 4.The Executive Engineer, (Distribution) Tamilnadu Electricity Board, Nagercoil, Kanyakumari District.

5.The Superintending Engineer, Tamilnadu Electricity Board, 6.The Junior Engineer, Tamilnadu Electricity Board, Rajakkamangalam, Kanyakumari District.

7.The Executive Officer, Ganapathipuram Panchayat, Ganapathipuram, Agastheeswaram Taluk, Kanyakumari District.

: Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to pay a compensation of Rs.10 lakshs, towards causing death of her husband in negligent manner, joint and severally.

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For Petitioner :Mr.H.Elango For Respondents :Mrs.M.Parameswari for Mr.S.M.S.Johnny Basha ****

ORDER

Heard the learned Counsel on either side.

2.The petitioner's husband, Harikrishnan, died due to electrocution on 07.04.2019 at about 08.30 pm. In this regard, Cr.No.58 of 2019 was registered under Section 174 Cr.P.C. on the file of the Rajakkamangalam Police Station in Kanyakumari District. 3.It is seen from the postmortem report and other materials enclosed in the typed set of papers that the deceased died only due to electrocution. The petitioner made a representation to the respondents for compensation. Since it was not acted upon, this Writ Petition came to be filed.

4.When the matter came up for hearing, the learned Counsel for the petitioner, on instructions, would submit that even though the petitioner is entitled to claim higher compensation, the petitioner would accept the compensation being paid by the TANGEDCO for such cases. The TANGEDCO had issued board proceedings, dated 16.10.2019 providing for payment of Rs.5,00,000/- in case of death due to electrocution.

5.Therefore, the Writ Petition is disposed of by directing the Superintendent Engineer, TANGEDCO, Kanyakumari Distribution Circle, to pay a sum of Rs.5,00,000/- to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Cmr To 1.The District Collector, Office of the Collectorate, 2/3

2.The Chief Engineer, Tamilnadu Electricity Board, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Tamilnadu Electricity Board, Order made in 05.01.2021 ES(CO) NR (05/02/2021) 3P : 4C 3/3