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 eventual disbursement of funds.

ORDER

The proceedings of the third respondent in Z.O.III C.No. 2795 / 2019 dated 14.06.2019, is put under challenge in the present Writ Petition. Consequently, the petitioner has sought for a direction to the third respondent to grant a compensation of Rs.10,00,000/- in respect to the demise of the petitioner's son, namely, P.Mohan, due to electrocution.

2. Heard the learned counsels appearing on either side and also perused the materials available on record.

3. It is the case of the petitioner that the petitioner’s younger son by name P.Mohan, while discharging his duty on 03.12.2012, died due to leakage of electricity from the wire lying from the electrical post in the middle of the road at MG Road Junction, Taramani which comes under the Chennai Corporation and when the victim was taken to the hospital, it was declared that the deceased died at the spot itself, for which an FIR was registered by the Sub Inspector of Police, J 13 Police Station, Taramani. The petitioner has received a sum of Rs.1 lakh from the Chief Minister’s Relief Fund. The petitioner has sent representations to the respondents 2 & 3 seeking a compensation of Rs.10 lakhs for her son’s death which was rejected by the impugned proceedings dated

14.06.2019 on the ground that the petitioner’s son was under the influence of alcohol and for his negligence, the Chennai Corporation was not responsible.

Assailing the same, the present Writ Petition has been filed.

4. The learned counsel for the petitioner submitted that due to the negligence on the part of the respondents to maintain electric wires in the subject place of occurrence, the petitioner had lost her son due to electrocution. Further, the learned counsel submitted that during the pendency of the Writ Petition, as per the direction of this Court, the respondent Corporation has paid a sum of Rs.2 lakhs as compensation to the petitioner on 15.04.2025. He also submitted that the petitioner is not able to eke out her livelihood with the meagre sum 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 submitted that as per the Board proceedings viz., (Per.) B.P. (FB) No.4 (Adm. Branch) dated 29.01.1998, the petitioner is entitled only for a sum of Rs.2 lakhs as compensation for her son’s death which was already paid by the respondents on 15.04.2025. 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 and thus, prayed for appropriate orders.

6. Considering the facts and circumstances of the case and also taking note of the submissions of the respective learned counsels, it is seen that the accident took place in the year 2012, whereas the compensation for the fatal was granted to the petitioner only on 15.04.2025. Hence, the petitioner is entitled for interest from 03.12.2012 to 15.04.2025 at the rate of 6% p.a.. In view of the same, this Court directs the respondent concerned to pay interest to the petitioner for the compensation of Rs.2 lakhs paid from 03.12.2012 till 15.04.2025, within a period of two weeks 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 under the victim compensation scheme and when such an application is received, the District Legal Service Authority shall adjudicate the subject issue in the manner known to law and to pass appropriate orders.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as