Writ petition challenging rejection of compensation claim filed by widow whose husband died of electrocution at home. Court held death occurred without implicating respondents as no offense was charged, dismissing the petition.
Writ petition for compensation of Rs.10,00,000 dismissed; no order as to 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.No.10115 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.10115 of 2022
PRAYER: Writ Petition is filed under Article 226 of Constitution of
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India p
W.P.No.10115 of 2022
India p raying to issue a Writ of Mandamus directing the respondents 1, 5 & 6 to pay compensation amount of Rs.10,00,000/- to the petitioner's family based on representation dated 11.08.2021.
For Petitioner : Mr.K.Thiruvengadam
For Respondents For R1,5,6 : Mr.S.Madhusudanan, Standing Counsel For R2 to 4 : Mr.S.J.Mohamed Sathik, Government Advocate
ORDER
This writ petition has been filed for direction to respondents
1, 5 & 6 to pay compensation of Rs.10,00,000/- to the petitioner.
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W.P.No.10115 of 2022
advice of the petitioner, her husband attempted to do some electric work inside his house. While he was doing the said work, he was electrocuted by touching a live wire. Therefore, he died on the spot. Though FIR was registered under Section 174 of Cr.P.C., so far it has not been altered to 304(a) of IPC or any other offence to foist allegation as against the respondents. When it being so, the petitioner is not entitled to any compensation for the death of her husband, that too inside her house due to electrocution. Therefore, the representation submitted by the petitioner cannot be considered and the writ petition is devoid of merits and liable to
be dismissed.
02.04.2024
Neutral Citation:Yes/No Index: Yes/No Speaking/Non-speaking order lok
W.P.No.10115 of 2022
G.K.ILANTHIRAIYAN, J.
lok
To
W.P.No.10115 of 2022
02.04.2024
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2 issues framed by the court
Whether the petitioner is entitled to compensation for the death of her husband occurring at her residence due to electrocution where no criminal offence was charged against the respondents.
Whether the representation submitted by the petitioner for compensation should be considered given the absence of an implicated offence against the respondents.
3 provisions across 3 enactments
Pappathi
Chairman cum Managing Director, TANGEDCO
District Collector, Krishnagiri
Thasildar, Uthangarai
Block Development Officer, Uthangarai
Assistant Engineer, TANGEDCO
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
