Madras High Court
The Chairman vs C.Karna Maharaja on 16 November, 2023
W.A.(MD)No.1978 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1978 of 2023
and
C.M.P.(MD)No.15483 of 2023
1.The Chairman,
Tamil Nadu Electricity Board,
No.100, Annasalai, Chennai-600 002.
2.The Chief Engineer (Personnel),
Tamilnadu Electricity Board,
No.100, Annasalai, Chennai-600 002.
3.The Superintending Engineer,
TNEB / TANGEDCO,
Thoothukudi, Thoothukudi District.
4.The Assistant Executive Engineer,
TNEB / TANGEDCO,
Vilathikulam, Thoothukudi District. ... Appellants
Vs.
C.Karna Maharaja ...Respondent
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1978 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.2652 of 2023, dated 16.06.2023 on the file of
this Court.
For Appellants : Mr.S.Deenadhayalan
For Respondent : Mr.I.Pinaygash
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM.J.)
This Writ Appeal has been instituted against the order dated 16.06.2023
passed in W.P.(MD)No.2652 of 2023.
2.The respondent, who is the father of the deceased boy aged about 14
years, instituted the Writ proceedings, seeking compensation of Rs.10 Lakhs for
the act of negligence on the part of the Electricity Board Officials. Admittedly,
the son of the respondent died due to electrocution. The learned Single Judge
considered the fact that the son of the writ petitioner was aged about 14 years and
was studying 9th standard in a Government Higher Secondary School,
Vilathikulam. On 14.09.2022 when the boy was returning to home at about 07.30
p.m., Electricity Board Officials were working underground by pulling wires at
alternate place instead of original place.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1978 of 2023
3.The allegation of the writ petitioner was that the Electricity Board
Officials asked the son of the writ petitioner to stand and help them. We are not
inclined to go into the said allegation, since such allegations are to be established
only through evidences and by examining the witnesses if required. As far as the
compensation granted by the learned Single Judge is concerned, even as per the
Electricity Board proceedings, the victim is entitled for a compensation of
Rs.5 Lakhs on account of death due to electrocution. Even in the absence of
establishing any negligence or otherwise on the part of the Electricity Board
Officials, the victim is entitled for compensation of Rs.5 Lakhs.
4.If the electrocution occurred due to the negligence on the part of the
Electricity Board Officials, then the respondent / writ petitioner is at liberty to
approach the competent civil Court, seeking enhancement of compensation by
establishing the negligence on the part of the Electricity Board Officials.
5.As far as the compensation granted in the Writ proceedings is
concerned, it is based on the Board proceedings, for which the victim is entitled
and thus, we do not find any infirmity in respect of the order under challenge.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1978 of 2023
Therefore, the appellants are directed to pay the compensation amount of Rs.5
Lakhs along with interest at the rate of 7% per annum from the date of the death of
the deceased boy to the respondent / writ petitioner within a period of eight (8)
weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
16.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1978 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.1978 of 2023
16.11.2023
https://www.mhc.tn.gov.in/judis
