Madras High Court
The Superintending Engineer vs Maheswari on 3 August, 2021
W.A.No.311 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
W.A.No.311 of 2021
and C.M.P.No.1531 of 2021
1.The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd.,
No.73-C, Durgalay Road,
Thiruvarur.
2.The Assistant Executive Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Thiruvarur.
3.The Assistant Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Thiruvarur. .. Appellants
Vs
1.Maheswari
2.The District Collector,
Thiruvarur District,
Thiruvarur. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 04.03.2019 made in W.P.No.10687 of 2018.
Page 1 of 6
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W.A.No.311 of 2021
For Appellants : Mr.Jaivenkatesh
For Respondents : Mr.E.Thamiazharasan for R1
Mr.D.Ravichander,
Government Counsel for R2
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been filed against the order of the learned Single
Judge, who while giving a finding that the appellants are responsible
for causing death of the husband of the first respondent, awarded
compensation.
2. It is the case of the first respondent that on 24.06.2017, the
first respondent's husband died of electrocution when he used a copper
insulated wire extended from his house premises and tied it to the
palm tree to illuminate a bulb and also tied a metal wire to the tree to
dry the wet clothes. However, the first information report has been
given stating that there is negligence on the part of the appellants.
3. The appellants filed counter affidavit stating that in view of the
averments in the affidavit and the denial with respect to the negligence
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W.A.No.311 of 2021
of the appellants, such a disputed question of fact cannot be decided in
the writ petition.
4. The learned Single Judge after taking note of the first
information report and the post-mortem certificate came to the
conclusion that the death was due to the negligence on the part of the
appellants and resultantly, compensation of Rs 17,74,700/- has been
fixed. As against the said order, the present appeal is filed.
5. As rightly submitted by the learned counsel appearing for the
appellants, the first information report followed by post-mortem
certificate are not substantive piece of evidence. Any fact either be a
fact in issue or the relevant fact has to be proved. Evidence is
something which has to be proved before the Court upon considering
the materials before it. Unfortunately, reliance has been made on the
mere post-mortem certificate and the first information report. The
post-mortem certificate merely indicates the nature of death. The
question for consideration is who is responsible for the death.
6. In such view of the matter, we are not inclined to concur with
the ultimate conclusion arrived at by the learned Single Judge.
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W.A.No.311 of 2021
However, considering the facts of this case and taking note of the law
laid down on this aspect, we are inclined to grant the interim
compensation by directing the appellants to pay a sum of Rs.7 lakhs to
the first respondent within a period of eight weeks from the date of
receipt of a copy of this judgment without prejudice to the contentions
in the suit. Liberty is given to the parties to file appropriate suit, if so
advised.
7. Taking note of the object of Section 14 of the Limitation Act,
such a suit will have to be filed within a period of three months from
the date of receipt of a copy of this judgment. The appellants can also
file a counter claim in the said suit even for the interim compensation
granted.
8. With the above direction, the writ appeal stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (S.K., J.)
03.08.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.311 of 2021
To
The District Collector,
Thiruvarur District,
Thiruvarur.
https://www.mhc.tn.gov.in/judis/
W.A.No.311 of 2021
M.M.SUNDRESH,J.
and
S.KANNAMMAL,J.
mmi
W.A.No.311 of 2021
03.08.2021
https://www.mhc.tn.gov.in/judis/
