Writ petition for Mandamus seeking compensation for husband's electrocution death was dismissed. The Court found no negligence as the machete touched a live wire while he climbed a tree, and noted the family had already received compensation under a welfare scheme.
Writ petition dismissed with no costs.
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.
W.P(MD)No.17146 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.17146 of 2013
R.Mallika ... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant compensation of Rs.3,00,000/- to the petitioner and her minor children each for electrocution death of the petitioner's husband by considering the petitioner's representation dated 16.08.2013 within the period stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen
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For R2 & R2 : Mr.S.Deenadhayalan Standing Counsel For R3 : Mr.A.Sivanupandian Government Advocate
ORDER
The present writ petition has been filed seeking a writ of Mandamus, directing the respondents to grant compensation of a sum of Rs.3,00,000/- (Rupees Three Lakhs only) due to the death of the petitioner's husband caused due to electrocution.
husband of the petitioner had climbed the coconut tree in order to cut https://www.mhc.tn.gov.in/judis
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down the dry coconut leaves with the help of machete. While carrying on
the work, the machete had touched the electrical line and he got electrocuted and died. There was no snapping of electrical line and no live wire was lying on the ground and hence, there is no negligence on the part of the electricity board. Therefore, the second respondent has contended that they are not liable to pay the compensation.
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petition. Hence, this Writ Petition stands dismissed. No costs.
15.09.2022
Index : Yes / No Internet : Yes / No
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To
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W.P(MD)No.17146 of 2013
R.VIJAYAKUMAR ,J.
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Order made in W.P(MD)No.17146 of 2013
Dated: 15.09.2022
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2 issues framed by the court
Whether the Wagner Board is liable to grant compensation for the electrocution death of the petitioner's husband given the absence of negligence.
Whether the petitioner's prior receipt of compensation under the Agricultural Workers Social Protection Scheme precludes a fresh claim.
R.Mallika
The Chief Engineer, Tamil Nadu Electricity Board, Chennai
The Superintendent Engineer, Tamil Nadu Electricity Board, Theni District, Theni
The District Collector, Theni District, Theni
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
