IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
Kamalakkanni - Appellant
Versus
The Government of Union Territory of Pondicherry Rep. by its Chief Secretary, Puducherry & Others - Respondent
W.P. No. 8815 of 2022
Decided On : 21-06-2022
Mandamus - Compensation for Death due to Electrocution - The court directed the petitioner to submit a fresh representation seeking compensation for the death of her son due to electrocution, and ordered the respondent to pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner.
Fact of the Case:
The petitioner filed a writ petition seeking a direction to the respondents to pay compensation for the death of her son due to electrocution. The petitioner claimed that her son died due to electrocution when a live electric wire got snapped and he fell into the water while taking a bath at a pump set.
Finding of the Court:
The court directed the petitioner to submit a fresh representation seeking compensation and ordered the respondent to pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner.
Issues: Compensation for death due to electrocution, representation by the petitioner through her lawyer, fair hearing to the petitioner.
Ratio Decidendi: The court emphasized the need for the petitioner to submit a fresh representation seeking compensation and for the respondent to pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner.
Final Decision: The writ petition was disposed of with the direction for the petitioner to submit a fresh representation seeking compensation and for the respondent to pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.10,78,000/- by way of compensation to the petitioner for the death of petitioner's son Saravanan on account of electrocution.)
1. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pay a compensation of Rs.10,78,000/- on account of the death of the petitioner's son Saravanan due to electrocution.
2. The petitioner claims that her son Saravanan died due to electrocution on 02.04.2017 at about 12.30 P.M. According to the petitioner, the live electric wire got snapped and her son fell in the water. The petitioner's son and his friends went to the pump set of one Venkatesan situated in Suthukeni to take bath, when Saravanan died due to electrocution. The petitioner seeks for a compensation for the death of her son on account of electrocution. The petitioner has filed documents along with this writ petition to substantiate her claim. Since the legal notice issued by the petitioner through her lawyer on 29.01.2020 has not been considered till date, the petitioner has filed this writ petition.
3. Heard Mr.D. Venkatachalam, learned counsel for the petitioner and Mr.C.T. Ramesh, learned Additional Government Pleader for respondents.
4. At the outset, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner has not given any representation by herself but has given a representation only through her lawyer
5. The learned counsel for the petitioner would submit that the petitioner is willing to submit a fresh representation provided the respondents consider the same within a time frame to be fixed by this Court.
6. No prejudice would be caused to the respondents if the petitioner is allowed to submit a fresh representation seeking compensation for the death of her son, who according to the petitioner died on account of electrocution.
7. For the foregoing reasons this Court directs the petitioner to submit a fresh representation to the 3rd respondent seeking for compensation for the death of her son Saravanan on account of electrocution, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the 3rd respondent shall pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting her the right of personal hearing within a period of eight weeks thereafter.
8. With the aforesaid directions, this writ petition is disposed of. No costs.
The court emphasized the importance of fair hearing and due process in considering the petitioner's claim for compensation for the death of her son due to electrocution.
Liability for compensation due to negligence leading to death by electrocution based on police investigation report and relevant board decision.
The court has the authority to direct the payment of compensation for death due to electrocution and grant liberty to file a civil suit for the balance amount claimed.
Court awards statutory Rs.5 lakhs electrocution compensation, permits enhancement claim before Legal Services Authority.
The main legal point established in the judgment is that while fixed compensation may be prescribed, it does not preclude the claimant from seeking further compensation by establishing negligence of ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.