Kamali Vs the Chairman

Prayer : The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant appropriate compensation to the petitioner based on the petitioner's representation dated 2.3.2023 within the time frame as may be fixed by this Court.

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For Petitioner : Mr.M.Santhanaraman For Respondents : Mr.D.B.R.Prabhu Standing Consel

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W.P No.23829 of 2023

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O R D E R

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This writ petition has been filed, directing the respondents to grant

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appropriate compensation to the petitioner based on the petitioner's representation dated 2.3.2023 within the time frame as may be fixed by this Court.

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The case of the petitioner is that the petitioner's husband was employed as menial labour . On 14.04.2022, at 5.00 a.m, while her husband along with four others, namely Karthikeyan, Sabarinathan, Punniyamurthy and Manohar were errecting an advertisement board in India Nagar, near goldsmith shop, it came into contact with the electric post. As a result, he was electrocuted and died on the spot. Following a complaint, the Law Enforcement Authorities registered a case in Crime No.111 of 2022, dated 14.04.2022, under Section 174 of the Criminal Procedure Code. I n view of the above, the petitioner is entitled to claim compensation in accordance with the proceedings of the TANGEDCO dated 16.10.2019. In the case of a fatal accident, the petitioner is entitled to receive a sum of Rs. 5,00,000/- as compensation. Accordingly, this Court may direct the respondents to pay the said amount to the petitioner within a time frame to be fixed by this Court. If the petitioner is not satisfied with the compensation of Rs. 5,00,000/-, this Court may grant liberty to the petitioner to Page 2 of 4

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W.P No.23829 of 2023

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seek enhancement of compensation before the District Legal Services Authority within a period of four weeks from the date of receipt of a copy of this order. The District Legal Services Authority shall provide an opportunity to the respondents to respond to the claim for enhanced compensation.

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The learned standing counsel for the respondents submits that, as per

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the proceedings dated 16.10.2019, the ex-gratia amount payable on compassionate grounds for fatal or non-fatal, non-departmental mechanical/electrical accidents involving human beings or animals has been enhanced from Rs.2,00,000 to Rs.5,00,000. Since the deceased passed away in the year 2022, the proceedings dated 16.10.2019 are applicable to his case, and accordingly, the revised amount will be disbursed to the petitioner.

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In view of the above, the respondents are directed to pay a sum of Rs.5,00,000/- as compensation to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. If the petitioner is aggrieved by the amount of compensation, she is at liberty to file a petition for enhancement before the District Legal Aid Services Authority under the Victim

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M. DHANDAPANI, J.

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W.P No.23829 of 2023

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uma

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Compensation Scheme, and the Authority may pass appropriate orders in