B.Kaviya v. The Chief Engineer (Personnel)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.21187 of 2023 and W.M.P(MD) Nos.17595 and 17598 of 2023 B.Kaviya ... Petitioner Vs.

1.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, No.100, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, TNEB/TANGEDCO, Ramanathapuram, Ramanathapuram District.

3.The Assistant Executive Engineer, TNEB/TANGEDCO, Muthukulaththur, Ramanathapuram District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus, to call for the records pertaining to the impugned order in Ka.No.Oo.Mi.Po./ViNi/Muthuvai/Ko/A.No.517/23 dated 10.07.2023 issued by the Respondent No.3 and quash the same as illegal and consequently directing the respondents to pay compensation a sum of Rs.20,00,000/- for the death of 1/11

the petitioners Husband (late) Balamurugan aged 24 years due to electrocution by considering the representation, dated 20.05.2023. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.S.Deenadhayalan, Standing Counsel

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner, the learned Standing Counsel for the respondents.

2. The petitioner is before this Court for the second time with the present Writ Petition. The Writ Petition is challenged the impugned order passed by the third respondent, dated 10.07.2023, wherein the request of the petitioner for the compensation on account of death of the petitioner's husband on 19.05.2023 due to electrocution, has been rejected. The relevant portions of the impugned are read as under:

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3. Earlier, the petitioner had approached this Court in W.P(MD) No.14824 of 2023 seeking a Mandamus, to direct the respondents to pay compensation for Rs.20,00,000/- for the death of the petitioner's husband Late Balamurugan, who was aged about 22 years at that time of death, based on the petitioner's representation dated 20.05.2023 within the time to be stipulated by this Court. An interim order came to be passed on 22.06.2023, wherein this Court had directed the respondents to pay the sulatium/ex gratia as per the existing Board proceedings of 2019. It is informed that the Writ Petition is still pending and no final orders have been passed.

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4. It is informed by the learned counsel for the petitioner and also the learned counsel for the respondents that the said Writ Petition is pending as on date.

5. It is noted that there is no dispute regarding the fact that the petitioner's husband died due to electrocution. However, in the impugned order, it has been stated that compensation is to be claimed from the driver of the tractor, who had permitted the petitioner's husband to travel on it, and due to his act, the accident occurred, resulting in the petitioner's husband being thrown off and electrocuted.

6. It is noticed that the petitioner has enclosed a copy of a letter of the Ward Councillor, dated 30.09.2022, wherein the Ward Councillor has informed the third respondent regarding the high tention wire, which was at a low altitude and was the risk of causing danger to the public. Content of the above said communication, dated 30.09.2022, signed by the Ward Councillor is extracted below:

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7. However without considering the same, the impugned order has been passed. Primafacie, there are indications that the petitioner's husband died due to electrocution. As per Board proceedings dated 16.10.2019 bearing referrence (Per). (FB) TANGEDCO Proceedings No.6, the ex-gratia was fixed at Rs.5,00,000/- for fatal accident, which has been now enhanced to Rs.10,00,000/- by the Board proceedings dated 21.12.2024 bearing referrence (Per). (FB) TNPDCL Proceedings No.11. The relevant portion of the Board proceedings No.11 is extracted hereunder:

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8. It is therefore not open for the respondents to shift the blame either on the driver of the tractor with trailer or on the petitioner's husband, who died on 19.05.2023 due to electrocution. It is the responsibility of the respondents to ensure that the high tention wires are not placed at a height, which can cause danger to the public.

9. Considering the same, I am inclined to quash the impugned order with the following directions:

(i) The respondents are directed to pay ex-gratia of Rs.10,00,000/- to the petitioner, in terms of above mentioned Board proceedings, dated 21.12.2024 bearing referrence (Per). (FB) TNPDCL Proceedings No.11. (ii) The respondents are directed to adjudicate the claim for the balance compensation of Rs.10,00,000/- subject to the petitioner giving proper calculation in terms of the decision of the Hon'ble Supreme Court in Smt. Sarla Verma & Ors. Vs.Delhi Transport Corporation & Anr. In Civil Appeal No.3483 of 2008 and National Insurance Co. Ltd. Vs. Pranay Sethi & Ors, and ex-gratia shall be paid within a period of two months from the date of receipt of copy of this order.

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(iii) The final compensation shall be awarded to the petitioner, taking note of the above decisions, which have been made applicable in the context of compensation for death on account of electrocution. (iv) The entire amount of compensation shall be paid within a period of six months from the date of receipt of copy of this order.

10. Since, the matter is left open for the balance amount, the respondent shall consider all the relevant practice and pass appropriate orders for awarding the compensation.

11. With the above said directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 16.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 8/11

To 1.The Tamil Nadu Electricity Limited, represented by its Chairman, NPKKR Maligai, No.144, Anna Salai, Chennai- 600 002.

2.The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), represented by Director TANGEDCO, 10th Floor, NPKKR Maligai, No.144, Anna Salai, Chennai- 600 002.

3.The Superintending Engineer, The Electricity Distribution Circle, TNEB Office, NRT Nagar, Theni District.

4.The Executive Engineer, TNEB Distribution, Uthamapalayam Taluk, Theni District.

5.The Assistant Engineer, Distribution-TNEB, Kamaya Goundanpatti, Cumbum Village, Uthamapalayam Taluk, Theni District.

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C.SARAVANAN, J.

Indu W.P(MD).No.21187 of 2023 16.07.2025 10/11

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