Research › Search › Judgment

Madras High Court · body

2023 DIGILAW 1359 (MAD)

S. Paulchandramohan v. Chairman, Tamilnadu Electricity Board, Chennai

2023-03-24

S.M.SUBRAMANIAM

body2023
JUDGMENT (Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order dated 15.04.2011 passed in f/vz;/:cbgh-e-jpU-nfh nfh-m/vz;/002-11?12 on the file of the 4th respondent herein and to quash the same and the direct the respondents to pay a compensation of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the petitioner.) 1.The writ on hand has been filed, seeking a compensation on account of the death occurred due to electrocution of the son of the petitioner. 2. The petitioner states that he is residing along with his family at Thirumurugan Nagar, Thiruninravur. The petitioner is working in the Railways Department. His son Richard Robinson was studied H.SC., in the year 2010 and near his house, electric pillar post belonging to the Tamil Nadu Electricity Board was commissioned. The pillar post was commissioned erroneously and steps were not taken by the authorities of the Electricity Board to correct the error in installation. The post was in a bended condition and the electrical line was touching the petitioner''s house, more specifically, the wall portion. Along with the Residential Association members of Thirumurugan Nagar, the petitioner lodged several complaints before the 3rd respondent and 4th respondent. However, no action was taken on such complaints. On 14.08.2010, the son of the petitioner was doing some physical exercise in the terrace of his house, unfortunately, due to the bend in the Electricity post, the wire was touching his house in the terrace, and because of this, the son of the petitioner got electrocuted and he was admitted in Apollo Hospital for treatment. The son of the petitioner underwent two major surgeries and his right hand was removed and sustained serious injuries in his left thigh. After two months, the petitioner''s son suffered road accident and died thereafter. 3. The learned counsel for the petitioner states that the death occurred on account of electrocution and due to the subsequent accident and therefore, the Board authorities are liable to pay compensation. 4. The learned counsel for the respondents objected the said contention by stating that with reference to the Tamil Nadu Electricity Board, the road accidents cannot be a ground to claim compensation and in respect of the electrocution, the petitioner has to approach the competent Civil Court of Law for seeking compensation. 4. The learned counsel for the respondents objected the said contention by stating that with reference to the Tamil Nadu Electricity Board, the road accidents cannot be a ground to claim compensation and in respect of the electrocution, the petitioner has to approach the competent Civil Court of Law for seeking compensation. The Tamil Nadu Electricity Board issued Board Proceedings No.6, Administrative Branch dated 16.10.2019, wherein a sum of Rs.2,00,000/- (Rupees Two Lakhs only) towards compensation is prescribed for Fatal/Non Fatal accidents/ electrocution. 5. No doubt, the son of the petitioner had not died due to electrocution and he died on account of the road accident occurred subsequently after two months from the date of electrocution. But the son of the petitioner suffered major injuries due to electrocution and he underwent two major surgeries and his right hand was removed and another one left thigh was also removed. 6. This being the serious injuries sustained by the son of the petitioner on account of electrocution, the respondents are liable to pay the fixed compensation of Rs.2,00,000/- (Rupees Two Lakhs only). The petitioner is at liberty to claim further compensation by establishing the negligence of the authorities by approaching the competent Civil Court of Law. In other words, the compensation granted as per the Board Proceedings is not a bar for the petitioner to approach the competent Civil Court for establishing negligence and claim more compensation. 7. In view of the facts and circumstances, the respondents are directed to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) along with the interest at the rate of 7% per annum and the interest is to be calculated from the date of filing of the writ petition till the date of realization. 8. With this direction, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.