Writ court may direct statutory compensation for electrocution despite disputed negligence, leaving higher claims to civil proceedings.

[Judgment of the Court was made by N.SATHISH KUMAR, J.)

Challenging the order passed by the learned Single Judge in W.P.(MD)No.24681 of 2024, dated 14.11.2024, whereby the writ petition filed seeking compensation was dismissed, the writ petitioner has preferred the present Writ Appeal.

2.The writ petitioner had filed the writ petition claiming compensation on account of the electrocution death of her husband. It is stated that the petitioner’s house was provided with a cable TV connection, and the cable wire had been tied to an electric post. When the petitioner’s cow touched the cable wire, it was electrocuted and died. Subsequently, when the petitioner’s husband attempted to rescue the cow, he was also electrocuted and died on the spot. In this regard, an FIR was registered in Crime No.80 of 2021 on the file of the Inspector of Police, Vaiyampatty Police Station, Trichy District.

3.According to the writ petitioner, the incident occurred due to the negligence of the respondents 2 and 3, namely, the Electricity Department, and hence, she sought appropriate compensation.

4.The learned Standing Counsel appearing for the respondents 2 and 3 contended that the cable TV wire had been tied to the electric post and came into contact with the electrical line, resulting in leakage of electricity and consequent electrocution. It was further contended that there exists a dispute regarding negligence, and that the incident occurred due to the negligence of the fifth respondent.

5.Based on the above submissions, the learned Single Judge directed the writ petitioner to work out her remedy for compensation against the fifth respondent in the manner known to law. Aggrieved by the same, the present Writ Appeal has been filed.

6.Heard the learned counsel appearing on either side and perused the materials available on record.

7.It is well settled that the writ Court would not ordinarily adjudicate upon disputed questions of fact, particularly with regard to negligence and quantification of compensation. However, in the present case, it is an admitted fact that death occurred due to electrocution. Though the issue of negligence and higher compensation cannot be conclusively decided in these proceedings, as per Board Proceedings No.6, dated 16.10.2019, issued by the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), a sum of Rs. 5,00,000/- is payable as compensation in cases of fatal accidents involving human beings or animals.

8.In such circumstances, the second respondent/Tamil Nadu Electricity Board is directed to pay a sum of Rs.5,00,000/- to the writ petitioner, in terms of the above Board Proceedings, within a period of two weeks from the date of receipt of a copy of this order. It is open to the writ petitioner to pursue her remedies with regard to negligence and claim of higher compensation against the concerned parties by initiating appropriate proceedings in the manner known to law.