M.Jeevitha v. The Chairman Cum Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Jeevitha ... Petitioner Vs.

1.The Chairman Cum Managing Diector, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, TANGEDCO (Operation and Maintenance), Chennai.

3.The Superintending Engineer, TANGEDCO, K.Pudur, Madurai - 625 007.

4.The Executive Engineer, TANGEDCO (Operation and Maintenance), Samayanallur, Madurai District.

5.The Assistant Engineer, TANGEDCO (Operation and Maintenance), Chekkanurani Road, Vikiramangalam Post, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to pay a sum of Rs.50,00,000/- 1/6

(Rupees Fifty Lakhs only) towards compensation with interest at the rate of 12% per annum from the date of death to till the date of realization for the death of the petitioner's husband Mathiarasan on 02.06.2024 by electrocution due to negligence on the part of the respondents within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.S.Deenadhayalan, Standing Counsel.

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2.The petitioner seeks a direction to grant Rs.50,00,000/- as compensation for the death of her husband on the account of the electrocution. 3.It is a case of the writ petitioner is that when the petitioner's husband has gone to agricultural field on 02.06.2024, due to the overhead LT line snapped on the ground, he was electrocuted and as a result, he died. In this regard, the 2/6

petitioner has given a representation seeking compensation. Since, it was not considered, the present writ petition has been filed. 4.The learned standing counsel for the respondents on instructions submitted that due to heavy rain on that day, the coconut trees branches fell on the LT line and it was snapped, as a result, the electrocution had happened. He further submitted that the third respondent will pay a sum of Rs.5,00,000/- as compensation as per the board proceedings dated 06.10.2009. 5.Heard learned counsel on either side and perused the materials available on record.

6.It has been definitively established that the petitioner's husband died due to electrocution. In this regard Crime No.90 of 2024 was registered on the file of Vikkaramangalam Police Station. A copy of the post-mortem report has been enclosed. The petitioner's mother was aged around 46 years. TANGEDCO has a policy of paying ex gratia of Rs.5,00,000/- in the case of electrocution as per board proceedings dated 06.10.2009. The third respondent is directed to consider the petitioner's representation and immediately pay a sum of Rs.5,00,000/- to the 3/6

petitioner as compensation. This exercise shall be completed within a period of one month from the date of receipt of a copy of this order. It is also made clear that mere payment of the compensation as per the board proceedings will not take away the rights of the petitioner to establish the negligence on the part of the respondents in claiming compensation in a proper civil suit. 7.This writ petition is disposed of accordingly. No costs. 30.09.2024 NCC : Yes/No Index : Yes/No ias 4/6

5/6

N.SATHISH KUMAR , J.

ias 30.09.2024 6/6