Madras High CourtWP(MD)/4323/2016allowed

S. Ayyappan, v. The Chairman,

2023-06-05Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.S.Ayyappan 2.C.Kumari 3.A.Suresh

...Petitioners

Vs 1.The Chairman, TANGEDCO Ltd., No.800, Annasalai, Chennai.

2.The Superintending Engineer, TANGEDCO Ltd., Parvathipuram, Nagercoil, Kanyakumari District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to pay a sum of Rs.25,00,000/- as compensation for the death of the first and second petitioners' son, namely A.Sugu, due to electrocution.

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For Petitioners : Mr.T.Arul For Respondents : Mr.S.Deenadhayalan Standing Counsel

O R D E R

The first and second petitioner's son, namely A.Sugu died on 14.06.2015 due to electrocution. Hence, the petitioners have approached the respondent Board for compensation and the same has not been granted to them. Therefore, the petitioners have filed this writ petition in the year 2016 seeking compensation. 2.The respondent Board has filed a counter affidavit that this is an act of god and therefore, the Board is not liable to pay the compensation.

3.The fact remains that the petitioner's son died when a coconut leaf fell on the electric line and the electric line got snapped during rain and thus caused accident. TANGEDCO cannot simply evade the payment of compensation that this is an act of God. The TANGEDCO has passed a resolution dated 16.10.2019 in respect of 2/6

fatal/non-fatal, non-departmental, mechanical/electrical accidents to human beings/animals and the proceedings is extracted as under:- TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (ABSTRACT) Accident-Compensation payable by TANGEDCO in case of Fatal/Non-Fatal, Nondepartmental, Mechanical/Electrical accidents to human beings/animals-Enhancement of payment of compensation - Orders issued.

-------------------------------------------------------------------------------------------------------- (ADMINISTRATIVE BRANCH) (Per.)(FB) TANGEDCO Proceeding No.6 Dated: 16.10.2019 Purattasi:29,Vigari Varudam Thiruvalluvar Aandu 2050.

1) (Per.) (FB) TANGEDCO Proceedings No.5, dated 29.04.2013. 2) Extract from the Minutes of 90th Board Meeting of the TANGEDCO held on 30.09.2019 ***** PROCEEDINGS:

In modification of the orders issued in the B.P.cited, the TANGEDCO directs that the exgratia payment payable on compassionate grounds in respect of Fatal/Non-Fatal, Nondepartmental, Mechanical/Electrical accidents to human beings/animals is enhanced as detailed below:- Sl.No Mode of Accident Existing Enhanced Competent Authority 1.

For Fatal Rs.2,00,000/- Rs.5,00,000/- 2.

For Non-Fatal a) Loss of two limbs or two eyes b) Loss of one Limb or one eye Rs.1,00,000/- Rs.2,00,000/- Chief Engineer/Personnel Rs.1,00,000/- 3.

Animals (Cow/Buffalow/Bullock) Rs.10,000/- Rs.25,000/- 2.The above enhanced rates of compensation shall be paid to the victims on incidents reported on or after 29.07.2019. Previous closed files need not be reopened. 3/6

3.The receipt of the B.P. Shall be acknoweldged. (BY ORDER OF THE BOARD OF TANGEDCO) A.ASHOK KUMAR CHIEF ENGINEER/PERSONNEL To All the Chief Engineers All the Superintending Engineers Copy to:

The Chairman-cum-Managing Director's Table The Director (Distribution)/TANGEDCO The Director (Generation)/TANGEDCO The Director (Finance) The Superintending Engineer/Chairman-cum Managing Director's Office The Chief Financial Controllers The Company Secretary / TANGEDCO The Chief Internal Audit Officers The Legal Advisor/TANGEDCO The Secretary/TANGEDCO The Senior Personnel Officer/Recruitment/TANGEDCO The Senior Personnel Officer/Labour/TANGEDCO The Senior Personnel Officer/Administration/TANGEDCO The Senior Personnel Officer/Inspection/TANGEDCO 4.Though this writ petition was filed in the year 2016, compensation has not been paid to the petitioner so far on the ground that it is an act of God.

5.In view of the above proceedings, this writ petition is disposed of. The respondent Board is directed to pay the 4/6

compensation of Rs.5,00,000/- to the petitioner, as per the Board's resolution, dated 16.10.2019 within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 05.06.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn To 1.The Chairman, TANGEDCO Ltd., No.800, Annasalai, Chennai.

2.The Superintending Engineer, TANGEDCO Ltd., Parvathipuram, Nagercoil, Kanyakumari District.

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B.PUGALENDHI, J.

vrn Order made in 05.06.2023 6/6