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Madras High CourtWP(MD)/13795/2018allowed

Thenmozhi v. Tamilnadu Generation Of

2025-10-29Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.13795 of 2018 and W.M.P(MD)No.12510 of 2018 Thenmozhli ..Petitioner Vs

1. Tamilnadu Generation Of Electricity And Distribution Corporation Chennai-2 Rep. By Its Chairman Tn Generation Of Electricity And Distribution Corporation Chennai-2.

2. The Superintending Engineer Tn Generation Of Electricity And Distribution Corporation Trichy District.

3. The Executive Engineer Operation And Maintenance Tn Generation Of Electricity And Distribution Corporation Lalgudi Trichy District.

4. Kothari Sugars Limited Kattur Post Lalgudi Taluk Trichy Ditrict By Its General Manager Kothari Sugars Limited.

..Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents to pay the Rs.10,00,000/- as compensation for the death of the husband of the petitioner.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.S.Deenadhayalan Standing Counsel (for R1 to R3)

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to pay a sum of Rs.10,00,000/- as compensation for the death of the petitioner's husband.

2. When the matter came up for hearing, the learned Standing Counsel for respondents 1 to 3 contended that the Board cannot be held responsible for the death of the petitioner's husband, as the incident occurred solely due to his own negligence, which allegedly contributed to the electrocution. It was further submitted that, even assuming without admitting that the Board could be held liable, the petitioner would be entitled only to a compensation of Rs.2,00,000/-, the accident having taken place in the year 2018. The learned Standing Counsel also drew the attention of this Court to an administrative circular/abstract, by which the compensation for fatal accidents has been enhanced to Rs.5,00,000/- with effect from 29.07.2019, and submitted that if reasonable interest is added to 2/5

the base amount of Rs.2,00,000/-, the compensation payable would be adequate.

3. This Court is, however, unable to accept the said contention.

4. From the materials placed on record and the photographs filed, it is evident that the transmission lines in the area were hanging loosely and had not been properly secured. The responsibility to maintain the electrical infrastructure in a safe condition squarely rests with the Board. The failure to ensure that live transmission lines were neither exposed nor dangerously suspended amounts to a clear dereliction of duty. This Court is of the considered view that such negligent maintenance poses a grave and foreseeable risk to the public. Therefore, the contention of the respondents attributing negligence to the deceased cannot be accepted in the absence of any cogent material. On the contrary, the facts disclose that the accident occurred due to the failure of the Board to maintain its transmission lines in a safe and secure manner.

5. In view of the above observations, this Court holds that the Board is liable to pay compensation to the petitioner. Accordingly, this writ petition is disposed of. The respondents 1 to 3 shall pay a sum of Rs.5,00,000/- to the petitioner as compensation. The said amount shall be paid to the petitioner together with interest at the rate of 6% per annum from the date of the 3/5

accident till the date of filing of the writ petition. It is open to the petitioner to work out her further remedies in the manner known to law, if she is so advised. No costs. Consequently, connected miscellaneous petition is closed.

29.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To

1. Tamilnadu Generation Of Electricity And Distribution Corporation Chennai-2 Rep. By Its Chairman Tn Generation Of Electricity And Distribution Corporation Chennai-2.

2. The Superintending Engineer Tn Generation Of Electricity And Distribution Corporation Trichy District.

3. The Executive Engineer Operation And Maintenance Tn Generation Of Electricity And Distribution Corporation Lalgudi Trichy District.

4/5

P.T.ASHA, J.

skn Writ Petition(MD)No.13795 of 2018 and W.M.P(MD)No.12510 of 2018 29.10.2025 5/5