IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.04.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.17834 of 2022 A.Raja ... Petitioner Vs.

1.The Chairman, Tamilnadu Generation and Distribution Corporation Limited, No.398, Anna Salai, Mount Road, Chintadripet, Chennai 600 002

2.The Managing Director, Chennai Metro Water Supply & Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai 600 031

3.The Commissioner of Greater Chennai Corporation, Greater Chennai Corporation, Ripon Building, Chennai 600 003

4.State of Tamilnadu represented by the Inspector of Police, G5, Secretariat Colony Police Station, Chennai 600 010 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 3 or their servants to pay the compensation of Rs.40,00,000/- together with interest at the rate of 12% per annum to the petitioner for the loss of life of the petitioner's wife-Late D.Shanthi.

For Petitioner : Mr.S.Suriyaprakash For Respondents For R1 : Mr.L.Jaivenkatesh, Standing Counsel For R2 : Mrs.K.Vasantamala for Mr.K.Subramani For R3 : Mrs.K.Aswini Devi, Standing Counsel For R4 : Mr.E.Vijay Anand, Additional Government Pleader

ORDER

This writ petition has been filed seeking direction to respondents 1 to 3 to pay compensation of Rs.40,00,000/- together with interest at the rate of 12% per annum.

2. The petitioner got married one, Shanthi on 06.06.2019. Due to her illness, she was taken by the petitioner to Askar Clinic situated at Door No.7/2, Subrayan 4^th Street, Otteri, Chennai at about 11.30 a.m. While they were standing in front of the said clinic, a spark emanated from a pit which was dug up by the third respondent's contractor wherein underground storm water drainage work was also completed in which dug up small hole to drain the rain water. On account of the same, the petitioner and his wife got electrocuted due to which there was fire. Fortunately, the petitioner fell down and his wife's cloth got fire and engulfed her entire body. Immediately, she was taken to Kilpauk Medical College Hospital with the help of jurisdictional police i.e. the Inspector of Police, G5 Secretariat Colony Police Station and she was admitted as in-patient. Immediately, the petitioner lodged complaint and the same was registered in crime No.273 of 2019 under accidental fire. Unfortunately, she died on 30.08.2019. After completion of investigation, post mortem certificate was issued by he Kilpauk Medical College Hospital stating that the petitioner's wife died of complication of burns-septicemia. The accident had taken place only due to the negligent act on the part of the third respondent. After completion of investigation, the fourth respondent also filed final report on 12.01.2023 before the II Metropolitan Magistrate, Egmore and the same has been taken cognizance in CC.No.1571 of 2023 for the offence punishable under Section 304A of IPC as against the contractors of the third respondent. It is pending for trial.

3. Admittedly, the third respondent awarded contract to its contractor to lay storm water drainage. After completion of the entire project, again in order to drain water, which was stagntated in the road, the contractor of the third respondent dug up holes in order to drain rain water. While digging up a hole, they damaged the electric cable which was laid under the road, due to which there was fire accident. Unfortunately, the petitioner and his wife got fire injuries. Immediately, the petitioner fell down and he did not suffer from any fire injury. However, his wife suffered with fire injuries on her whole body, due to which she died in the hospital.

4. The first respondent filed counter stating that the first respondent is not liable for any fire accident where the underground electric lines were laid long back and the Chennai Corporation during the rain water system sewerage work, has not taken proper caution and due to that negligent act, ha