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S. M. SUBRAMANIAM
Ponnammal – Appellant
Versus
Chairman cum Managing Director, TNEB, Chennai – Respondent
JUDGMENT
(Prayer:Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to pay compensation to the petitioner for the death of his son Rammohan due to the negligence acts on the part of the respondents 2 to 4.)
1. The writ on hand has been filed seeking compensation for the death of the son of the petitioner occurred due to electrocution.
2. The petitioner states that on 28.09.2010, his son was tending the sheep near the Thumbai Lake. In the evening at about 15.30 hours, the petitioner and his family members heard the terrific sound from the place from where his son was tending the sheep. Immediately, the petitioner reached the place where the Transformer was blasted and due to which his son was thrown away and found with burns in a charred condition. Immediately, with the help of the villagers, the boy was taken to Government Hospital at Cheyyar, wherein treatment was provided and thereafter he was taken to Kilpauk Hospital at Chennai. He was admitted in the Kilpauk Hospital on the very same day in the ICU Ward and all parts of his body were burned and unfortunately the boy died on 03.10.2005.
3. The learn
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 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.
The Court cannot adjudicate on compensation claims without established negligence through competent Court proceedings.
Entitlement to compensation for death due to electrocution and the requirement to establish other heads for seeking further compensation before the Civil Court.
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 ....
State instrumentalities are liable for interest on delayed payment of death compensation resulting from electrocution, where a significant time lapse occurs between the fatal incident and the eventua....
The court cannot decide on compensation when a factual dispute exists.
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.
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