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R. VIJAYAKUMAR
Eswari – Appellant
Versus
Secretary Ministry of Electricity, Tamil Nadu Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a compensation of Rs.43,20,000/- to the petitioners for the death of the petitioners' son within a time frame fixed by this Court.)
1. The writ petition has been filed for mandamus seeking a direction as against the respondents electricity board for payment of compensation of Rs.43,20,000/- for the death of the first and second petitioner's son.
2. The first and second petition's son and the brother of the petitioners 3 to 5 who was aged about 23 years had died due to electrocution on 25.11.2012. According to the petitioners, the deceased was running a service station. At the time of fatal accident, the deceased was working inside the gully area constructed for the purpose of servicing the motor vehicles. There was a HT power line running over the building. The said power line was running on the roof of the said house. Suddenly electricity passed through the said unused power line and the deceased got electric shock and he died.
3. The learned counsel for the petitioners had contended that the respondent authorities have left unattended a h
The court cannot decide on compensation when a factual dispute exists.
Entitlement to compensation for death due to electrocution and the requirement to establish other heads for seeking further compensation before the Civil Court.
Liability for compensation due to negligence leading to death by electrocution based on police investigation report and relevant board decision.
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 ....
The main legal point established is the liability of the Electricity Board for negligence resulting in the death of the petitioner's daughter and the application of compensation principles under the ....
The court established that state entities managing hazardous activities have a strict liability to compensate victims for harm caused, irrespective of any negligence on the part of the victims.
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