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Madras High CourtWP(MD)/23526/2023disposed of

Murugesan v. The Chairman

2023-09-27Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.19723 of 2023 Murugesan ... Petitioner versus

1. The Chairman, TANGEDCO, N.P.K.R.R. Maaligai, 3rd Floor, 144, Annasalai, Chennai - 600 002.

2. The Secretary, TANGEDCO, N.P.K.R.R.Maaligai, 3rd Floor, 144, Annasalai, Chennai - 600 002.

3. The Superintending Engineer, (Distribution), TANGEDCO, Karur.

4. The Executive Engineer, Operation and Maintenance, TANGEDCO, Karur.

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5. M/s.Ganga Medical Centre & Hospitals Pvt., Ltd., No.313, 314-1, Mettupalayam Road, Saibaba Kovil, Coimbatore - 641 043.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent Nos.1 to 4 to pay the petitioner's medical expenses to the 5th respondent so as to take the treatment for accidently fell down due to electrocution while working as Line Inspector in the Karur Electricity Distribution Circle in the light of proceedings of the 3rd respondent in his Letter No. 07744/657/Nipi.3/U.Tha.2/Ko/Thani/2023, dated 04.09.2023. For Petitioner : Mr.D.S.Haroon Rasheed For R1 to R4 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This writ petition has been filed for a Mandamus, directing the respondents 1 to 4 to pay the petitioner's medical expenses to the 5th respondent in the light of proceedings of the 3rd respondent in his Letter No.07744/657/Nipi.3/U.Tha.2/Ko/Thani/2023, dated 04.09.2023. 2/8

2. The learned counsel appearing for the petitioner submits that the petitioner is working as a Line Inspector in Tamil Nadu Electricity Board, Karur Electricity Distribution Circle. While so, on 01.09.2023, he was electrocuted during the course of his employment and he sustained multiple injuries on the right side of entire body. Therefore, he is taking treatment in the 5th respondent hospital. Since the 5th respondent hospital has insisted for payment of Rs.2 lakhs as advance, the petitioner made a representation to the respondents 3 and 4 to bear the medical expenses. The 4th respondent, in his letter dated 02.09.2023 sent a communication to the 5th respondent hospital that the Board will bear all medical expenses of the employee and instructed the hospital to continue the treatment. However, the 5th respondent hospital wants to get a consent from the respondents 1 and 2. Therefore, the 3rd respondent, in his letter dated 04.09.2023, informed the second respondent to pay the medical expenses of the employee. But, there was no response from the 2nd respondent. Therefore, the 3/8

present writ petition has been filed.

3. The learned Standing Counsel appearing for the Electricity Board submits that the Superintending Engineer has already addressed a letter to the Executive Engineer to take care of the petitioner's medical treatment, based on which, the Executive Officer has also given a letter to the 5th respondent/Ganga Hospital stating that the Board would reimburse the medical expenses of the petitioner and therefore, instructed them to continue the treatment. The Superintending Engineer has also addressed a letter to the 2nd respondent. However, the 5th respondent Ganga Hospital is insisting for minimum payment. Therefore, the petitioner has filed this writ petition.

4. The learned Standing Counsel further submits that the Board has its own procedure and therefore, they have to get necessary permission from the higher officials for sanctioning the medical bill 4/8

amount.

5. This Court considered the rival submissions and perused the materials available on record.

6. The petitioner has suffered multiple injuries on the right side of entire body during the course of his employment. The petitioner was already admitted in the 5th respondent hospital for treatment. However, the 5th respondent Hospital is insisting for payments at every stage. Therefore, the petitioner is constrained to file this writ petition.

7. The learned Standing Counsel has given an assurance before this Court that the Department is committed to take care of the petitioner's medical expenses, however, it can be done as per the proceedures.

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8. In view of the same, this writ petition is disposed of with a direction to the 5th respondent Hospital to provide treatment to the petitioner, based on the assurance given by the Board. The Board shall reimburse the medical bill amount to the 5th respondent Hospital after getting necessary permission from the concerned higher officials as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

27.09.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Chairman, TANGEDCO, N.P.K.R.R. Maaligai, 3rd Floor, 144, Annasalai, Chennai - 600 002.

2. The Secretary, TANGEDCO, N.P.K.R.R.Maaligai, 3rd Floor, 144, Annasalai, 6/8

Chennai - 600 002.

3. The Superintending Engineer, (Distribution), TANGEDCO, Karur.

4. The Executive Engineer, Operation and Maintenance, TANGEDCO, Karur.

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B.PUGALENDHI, J.

ogy 27.09.2023 8/8