Writ petition seeking Rs.10 lakhs compensation from TANGEDCO for the death of the petitioner's husband, who was electrocuted after touching a wire fence with electric leakage during heavy rain. The court found no negligence on the part of the respondents and dismissed the petition.
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W.P(MD)No.11139 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.11139 of 2019
Saraswathi
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to pay suitable compensation of Rs.10 lakhs for the death of the petitioner's husband Madasamy due to electric shock on the basis of her representation dated 11.08.2018.
For Petitioner : Mr.N.Mariappan
For Respondents : Mr.S.Deenadhayalan
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W.P(MD)No.11139 of 2019
ORDER
This Writ Petition has been filed by the petitioner for a direction, directing the respondents to pay a compensation to the tune of Rs.10 lakhs for the death of her husband due to electric shock.
2.The petitioner's husband went to his parents house and stayed there. While being so, on 14.10.2016, there was a heavy rain and he went to wash his face. He touched the iron fencing wire put up in and around his land. There was electric leakage in the wire fencing and he got electrocuted and died. On complaint F.I.R has been registered in Crime No.361 of 2016 for the offence under Section 174 of Cr.P.C. Subsequently, it was closed.
3.On perusal of the records would reveal that the petitioner's land was fenced with wire fencing. Due to heavy rain, there was electric leakage in the wire fencing and as such, he got electrocuted and died. Therefore, there is no negligence on the part of the respondents to consider the representation submitted by the petitioner seeking compensation.
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W.P(MD)No.11139 of 2019
Writ Petition. Accordingly, this Writ Petition is dismissed. There shall
be no order as to costs.
04.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes ps
To
1.The Secretary and Managing Directorate, TANGEDCO, N.P.K.K.R Maligai, 144, Annasalai, Chennai – 2.
2.The Chief Engineer, TANGEDCO, TNEB Complex, Alagarkovil Road, K.Pudur, Madurai.
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W.P(MD)No.11139 of 2019
G.K.ILANTHIRAIYAN, J.
ps
Order made in W.P(MD)No.11139 of 2019
04.12.2024
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1 issue framed by the court
Whether the respondents were liable to pay compensation for the death of the petitioner's husband by electrocution due to electric leakage in wire fencing.
2 provisions across 2 enactments
Saraswathi
The Secretary and Managing Directorate, TANGEDCO
The Chief Engineer, TANGEDCO
The Assistant Executive Engineer, TANGEDCO
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
