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2024 Supreme(Online)(MAD) 17989
HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
M.SIVAGAMI – Appellant
Versus
THE ADDITIONAL CHIEF SECRETA – Respondent
The court established that the Board is obligated to compensate for deaths resulting from its failure to prevent illegal electricity tapping, aligning with safety and duty of care principles.
Headnote:
Compensation - Writ Petition - Board Proceedings - Death by Electrocution
Fact of the Case:
The petitioner sought compensation for the electrocution death of their 8-year-old son, resulting from illegally tapped electricity, which the Board failed to prevent.
Finding of the Court:
The court ruled in favor of the petitioner, determining that the son died due to electrocution and the Board must compensate the petitioner Rs.5,00,000 with interest. It stated that the Board has a duty to prevent illegal electricity tapping.
Issues: Whether the petitioner is entitled to compensation for the death of their son due to electrocution and what amount is appropriate.
Ratio Decidendi: The respondents (Board) are liable to compensate the petitioner for the death of their son arising from a situation they failed to manage, emphasizing the Board's responsibility to ensure safety.
Final Decision: The Board must pay Rs.5,00,000 plus interest to the petitioner within eight weeks.
O R D E R
The writ petition has been instituted seeking compensation for the death of the petitoner's son Janarth.
2. The son of the petitioner, who was studying in the 3rd standard, got electrocuted and died due to electrocution. The death, on account of electrocution, has not been disputed.
3. The learned counsel for the respondents would oppose by stating that some villagers have illegally tapped electricity from the Board's services, which resulted in electrocution of the boy. However, the deceased boy, aged about 8 years, is unconnected with such allegation and he died admittedly on account of electrocution. In respect of such illegal tapping of electricity, the Board authorities have to prevent the same by taking adequate measures.
4. In the present case, the son of the petitioner who was aged about 8 years died due to electrocution. Therefore, the petitioner is entitled for compensation on compassionate ground as per the Board proceedings. The Board has determined a sum of Rs.5,00,000/- (Rupees Five Lakhs Only), for the death due to electrocution. Therefore, the respondents are directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) along with the interest at the rate of 6% per annum, from the date of death till the date of payment to the petitioner, within the period of eight (8) weeks from the date of receipt of a copy of this order.
5. Compensation granted in the writ petition is not a bar for the petitioner to seek enhancement of compensation, if they could able to establish negligence on the part of the board authorities by approaching the competent civil court of law.
6. With the above directions, the writ petition stands disposed of. No costs.
(sha) 17.04.2024 Index : Yes Speaking Order Neutral Citation : Yes To
1.The Additional Chief Secretary, Department Of Energy, Secretariat, Saint George Fort Chennai 600 009.
2.The District Collector, District Collecterate, Chengalpattu, Chengalpattu District
3.The District Collector, District Collecterate, Kancheepuram, Kancheepuram District
4.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.
5.The Thahsildar Chengalpattu, Chengalpattu District.
6.The Executive Engineer, Tamil Nadu Electricity Board, Guduvancheri East, Chengalpattu District 603 202
7.The Assistant Executive Engineer, Tamilnadu Electircity Board, Maraimalai Nagar, Chengalpattu District 603 209.
S .M.SUBRAMANIAM. J., (sha)
17.04.2024
