In this writ petition, the petitioner sought compensation for the death of her husband due to electrocution. The High Court granted an ex-gratia compensation of Rs.5 lakhs with interest, dismissing the claim for a higher amount.
Directed respondents to pay Rs.5 lakhs with 7.5% interest from death date within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26-11-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.13053 of 2014 And MP No.1 of 2014
Mrs.Manimegalai .. Petitioner
vs.
1.The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai – 600 002.
2.The Superintending Engineer, Tamil Nadu Electricity Board, Vellore Distribution System, Vellore District.
3.The Executive Engineer O & M, Tamil Nadu Electricity Board, Arakkonam Rural, Thakkolam,
Vellore District.
4.The Junior Engineer O & M, Tamil Nadu Electricity Board, Minnal,
Arakkonam Taluk, Vellore District. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay the petitioner a sum of Rs,10,00,000/- as compensation together with interest @ 24% per annum since the date of death of the petitioner's husband Meganathan, who was electrocuted on 09.08.2006 at Maran Kandigai Village, Minnal Village, Arakkonam Taluk, Vellore District.
For Petitioner : Mr.P.Krishnan
For Respondents : Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.
O R D E R
The relief sought for in the present writ petition is to direct the respondents to pay the petitioner a sum of Rs,10,00,000/- as compensation together with interest @ 24% per annum since the date of death of the petitioner's husband Meganathan, who was electrocuted on 09.08.2006 at Maran Kandigai Village, Minnal Village, Arakkonam Taluk, Vellore District.
2. The husband of the petitioner Mr.Meganathan, after his bath, went out of the house on 09.08.2006 around 05.30 A.M. An overhead electric wire with live current had cut broken and had fallen on the iron wire fence and due to touching of the fencing with the wet underwear, the husband of the petitioner was severely electrocuted and consequently died. A criminal case was registered in FIR No.542/06 dated 09.08.2006 by the Inspector of Police, Arakkonam Taluk Circle Police Station.
3. The petitioner states that her husband was the only breadwinner of the family and due to the death of her husband, the family is in penurious circumstances.
4. The respondents admitted the incidence of electrocution took place on the backyard of the house of the petitioner. When the death due to electrocution was verified and admitted by the Electricity Board, no further evidence is required for the purpose of considering the case of the petitioner for grant of compensation. However, the compensation as per the Board Proceedings is to be granted and any further compensation is to be claimed under various other legislations and it is for the petitioner to approach the Competent Forum in the manner known to law.
5. As far as the Electricity Board is concerned, this Court is inclined to grant compensation as per the Board Proceedings No.5 dated 29.04.2013. Accordingly, the respondents are directed to pay an ex-gratia amount of Rs.5 lakhs along with interest at the rate of 7.5% from the date of death of the husband of the petitioner i.e., 09.08.2006 till the date of realisation, within a period of three months from the date of receipt of a copy of this order.
6. With the abovesaid directions, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
Svn
To
1.The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Tamil Nadu Electricity Board, Vellore Distribution System, Vellore District. 3.The Executive Engineer O & M, Tamil Nadu Electricity Board, Arakkonam Rural, Thakkolam, Vellore District. 4.The Junior Engineer O & M, Tamil Nadu Electricity Board, Minnal, Arakkonam Taluk, Vellore District.
+1cc to Mr.P.Krishnan, Advocate SR.No.62287
WP 13053 of 2014
AK II(CO) GMY(08/12/2021)
1 issue framed by the court
Whether Writ of Mandamus should be issued directing the respondents to pay compensation for death by electrocution.
1 provisions across 1 enactments
Mrs.Manimegalai
The Chairman, Tamil Nadu Electricity Board
The Superintending Engineer, Tamil Nadu Electricity Board
The Executive Engineer O & M, Tamil Nadu Electricity Board
The Junior Engineer O & M, Tamil Nadu Electricity Board
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
