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Madras High CourtWP(MD)/11054/2022allowed

Pitchaiammal.M v. The Superintending Engineer,

2022-08-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Pitchaiammal ... Petitioner Vs 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Devipattinam, Ramanathapuram District.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Devipattinam, Ramanathapuram District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Devipattinam, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 01.02.2022 and to disburse a compensation of Rs.20,00,000/- to the petitioner within time frame that may be stipulated by this Court.

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For Petitioner : Mr.T.R.Jeyapalam For Respondents : Mr.S.Dheenadhayalan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The petitioner's husband died due to electrocution on 28.01.2021. It appears that the overhead electricity line had snapped and fell on the ground. Without noticing the same, the petitioner's husband had stepped thereon and died as a result. Obviously, the petitioner's husband was not at fault. The respondents will have to bear absolute liability. The petitioner's husband was aged about 67 years. If I am applying the usual formula the petitioner may not get the appropriate compensation. I, therefore, invoke board proceedings dated 16.10.2019 issued by the TANGEDCO. In terms thereof I direct the respondents to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the writ petitioner forthwith and without any delay. This writ petition is allowed. No costs.

22.08.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Devipattinam, Ramanathapuram District.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Devipattinam, Ramanathapuram District.

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Devipattinam, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

mga W.P.(MD)No.11054 of 2022 22.08.2022 4/4