IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
R.Bhuvaneshwari – Appellant
Versus
The State of Tamil Nadu – Respondent
Writ Petition
| Table of Content |
|---|
| 1. husband's death by electrocution from fallen wire. (Para 1 , 3) |
| 2. petitioner's claim for enhanced compensation due to negligence. (Para 2 , 4) |
| 3. respondents offer statutory rs.5 lakhs compensation. (Para 5 , 6) |
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to pay a compensation of Rs.31,84,000/-Rupees Thirty one Lakhs eighty four thousand only) and Rs.2,00,000/- (Rupees Two lakhs only) towards the other conventional heads along with interest from the date of death till the date of realization to the petitioner for the loss of petitioners husband life on account of electrocution For Petitioner(s): Mr.J.Dev Eshwaar For Respondent(s): Mr.R.Murthi, GA for R1 Mr.L.Jai Venkatesh for R2 to R4
ORDER
This Writ Petition has been filed seeking a direction to the respondents to pay a compensation of Rs.31,84,000/- (Rupees Thirty One Lakhs Eighty Four Thousand Only) and Rs.2,00,000/- (Rupees Two Lakhs only) towards the other conventional heads along with interest from the date of death till the date of realization to the petitioner for the loss of petitioner’s husband life on account of electrocution.
2. Heard the learned counsel appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.
3. It is the case of the petitioner that the petitioner’s husband Ravanaiah was an agricultural coolie under one Ramesh and when both the said persons while travelling in a motor cycle on 06.10.2023, they came into contact with a High Tension live electric wire lying on the road at Chinnapuliyur Sundaram Kuttai and the petitioner’s husband died on the spot due to electrocution. A case was also registered in Cr.No.607 of 2023 under Section 174 of the Cr.P.C. Hence, the petitioner made a representation to the respondents to pay compensation for her husband’s death, however, no order was passed and therefore, the present Writ Petition.
4. The learned counsel for the petitioner submitted that due to the negligence on the part of the fourth respondent, the petitioner has lost her husband and she is not able to eke out her livelihood and raise her children and therefore, prayed this Court to grant the relief as sought for by the petitioner in this Writ Petition.
5. Per contra, the learned Standing counsel for the respondents/TNEB submitted that the petitioner is entitled for a sum of Rs.5 lakhs as compensation for her husband’s death as per the proceedings of the TANGEDCO dated 16.10.2019 and the cheque is also available with the respondent in respect of the petitioner’s claim. He further submitted that if at all, the petitioner is aggrieved, she can raise her dispute before the District Legal Service for the enhanced compensation.
6. Considering the facts and circumstances of the case and also taking note of the submissions of the respective learned counsels, this Court directs the respondent Board to issue the compensation, a sum of Rs.5 lakhs cheque to the petitioner for which the petitioner is entitled, within a period of one week from the date of receipt of a copy of this order. Liberty is granted to the petitioner to file claim for enhancement of compensation before the Legal Services Authority in the manner known to law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.