Vimala v. The Assistant Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Vimala 2.M.Mahendran ... Petitioners -vs1.The Assistant Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Usilampatti Road, Checkanoorani Post, Thirumangalam Taluk, Madurai District.

2.The Superintending Engineer, TANGEDCO, Tamil Nadu Electricity Board, K. Pudur, Madurai 625 007.

3.The Chief Engineer, TANGEDCO, Tamil Nadu Electricity Board, K.Pudur, Madurai 625 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay Rs.15,00,000/- as compensation to the petitioners, since the mother of the petitioners died on electrical shock at 8.15 a.m. on 30.04.2019 due to lapse and negligence and poor maintenance of electrical lines. 1/5

For Petitioners :

Mr.K.C.Ramalingam For Respondents :

Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition was filed for issuance of Writ of Mandamus, directing the respondents to pay compensation to the petitioners for the demise of their mother, who died due to electrocution on 30.04.2019 and according to the petitioners, there was negligence on the part of the respondents in maintaining the electrical lines.

2. When the matter came up for hearing on 14.12.2021, this Court passed the following order:- ''An interim direction is given to the respondents to make a payment of Rs.5,00,000/- immediately towards the unfortunate death of the mother of the petitioner/ Amaravathi, who died owing to electrocution, which occurred owing to the fact that an electric line had got cut and fell into the ground.

2.It is the contention of the respondents that the said line was cut because of a cyclone. But duty is caused on the respondents to ensure that lines which are so cut are restored immediately or at least some safety measures are taken.

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3.Let me not enter into a discussion on the merits. The opinion of the Court has been stated and without prejudice to the respective rights of the petitioner to seek a higher claim in manner known to law and to the respondents to deny liability, a sum of Rs.5,00,000/- may immediately be sanctioned to the petitioner herein. The said amount may be sanctioned on or before 31.01.2022. 4.Call the matter on 16.12.2021''

3. When the matter was taken up for hearing today, it was brought to the notice of this Court that a sum of Rs.5,00,000/- was paid to the petitioners on 31.01.2022 .

4. Recording the above, this Writ Petition is disposed of. No costs. NCC : Yes/No 09.11.2023 Index : Yes/No (2/2) smn2 To 1.The Assistant Engineer, Operation and Maintenance, Tamil Nadu Electricity Board, Usilampatti Road, Checkanoorani Post, Thirumangalam Taluk, Madurai District.

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2.The Superintending Engineer, TANGEDCO, Tamil Nadu Electricity Board, K. Pudur, Madurai 625 007.

3.The Chief Engineer, TANGEDCO, Tamil Nadu Electricity Board, K.Pudur, Madurai 625 007.

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N.ANAND VENKATESH, J.

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