Madras High Court
The Commissioner vs Sarasu on 28 September, 2021
W.A.No.1303 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1303 of 2021
and
C.M.P.No.8240 of 2021
The Commissioner,
Vennandur Municipality,
Nammakkal District. ... Appellant
vs
1.Sarasu
2.The Chief Secretary to Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009.
3.The Chairman cum Managing Director,
Tamil Nadu Generation & Distribution
Corporation Ltd. (TANGEDCO),
No.144, Anna Salai,
Chennai – 600 002.
4.The Superintending Engineer,
Tamil Nadu Generation & Distribution
Corporation Ltd. (TANGEDCO),
Paramathi Road,
Namakkal – 637 001.
1/6
W.A.No.1303 of 2021
5.The Executive Engineer,
Electricity Distribution Circle,
Tamil Nadu Generation & Distribution
Corporation Ltd. (TANGEDCO),
Mohanur Road,
Namakkal – 637 001.
6.The District Collector,
Namakkal District. ... Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent praying
to set aside the order of the learned Judge made in W.P.No.6270 of
2015 dated 02.08.2017.
****
For Appellant : Mr.V.Jayaprakash Narayanan
For Respondent-1 : Mr.A.K.Gopalan
For Respondents-2 & 6 : Mr.C.Jayaprakash
Government Counsel
For Respondents-3 to 5 : Mr.M.Abdulkalam
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
The writ appeal has been filed challenging the order passed in
W.P.No.6270 of 2015 dated 02.08.2017.
2. The Writ Petition was originally filed by the first respondent
herein seeking a mandamus directing the respondents therein to pay a
sum of Rs.10,00,000/- (Rupees Ten Lakhs only) as compensation for
W.A.No.1303 of 2021
the injuries sustained by the petitioner's son, who was electrocuted and
sustained 40% disability in an accident that occurred on 15.11.2014.
3. The electrocution was caused due to high tension electricity
wire passing at a very low height near the Vennandur Lake area. As the
son of the writ petitioner sustained burn injuries all over the body, she
had claimed compensation for the 40% disfigurement and disability.
The Writ Court after elaborately discussing the facts, based on the
judgment of the Hon'ble Apex Court in Sarla Verma and others vs.
Delhi Transport Corporation and another, reported in (2009) 6
SCC 121, had arrived at a just compensation of Rs.6,00,000/- (Rupees
Six lakhs only) payable to the writ petitioner with 6% interest per
annum.
4. While granting the compensation, the learned Single Judge
has stated that the payment made by the Electricity Board may be
reimbursed from the 6th respondent therein, who is the appellant
herein, as the Electricity Board has written a letter to the appellant on
11.12.2013 stating that the appellant is liable to pay the said
compensation on the ground that raising the level of the ground under
HT line across dangerous places like lakes is punishable and considered
W.A.No.1303 of 2021
a crime as per Sections 82(1) (3), 79, 80 & 40 of the Indian Electricity
Act. Therefore, the Electricity Board was given liberty to pay the
compensation to the writ petitioner and recover the same from the
appellant.
5. When the matter is taken up for hearing, the learned
counsel appearing for the respondents 3 to 5/Electricity Board states
that the entire compensation as directed by the learned Single Judge
was paid to the victim and the learned counsel appearing for the first
respondent also confirms the same. The final report is to the effect
that the negligence is on the part of both the Electricity Board as well
as the appellant herein. It is open to the appellant to negotiate with the
Electricity Board for the purpose of reimbursement.
6. With the above observation, the Writ Appeal is disposed of.
No costs. Consequently, the connected miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
28.09.2021
Index : Yes/No
Internet : Yes/No
rsi
W.A.No.1303 of 2021
To
1.The Chief Secretary to Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Chairman cum Managing Director,
Tamil Nadu Generation & Distribution
Corporation Ltd. (TANGEDCO),
No.144, Anna Salai,
Chennai – 600 002.
3.The Superintending Engineer,
Tamil Nadu Generation & Distribution
Corporation Ltd. (TANGEDCO),
Paramathi Road,
Namakkal – 637 001.
4.The Executive Engineer,
Electricity Distribution Circle,
Tamil Nadu Generation & Distribution
Corporation Ltd. (TANGEDCO),
Mohanur Road,
Namakkal – 637 001.
5.The District Collector,
Namakkal District.
W.A.No.1303 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A.No.1303 of 2021
and
C.M.P.No.8240 of 2021
28.09.2021
