Smt. Aggu Ramavva Another vs Andhra Pradesh State Electricity ...
2021 Latest Caselaw 4510 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.980 of 2008

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




       The present writ appeal is arising out of order dated

13.06.2007

passed in W.P.No.5756 of 1999 by the learned

Single Judge granting compensation of Rs.1 lakh to the

appellants/writ petitioners.

The facts of the case reveal that a writ petition was

preferred by the appellants stating that on 31.03.1998

Mallaiah was returning from forest and he came into contact

with a live electric wire loosely hanging from a 33/11 K.V.

line, as a result of which, he got electrocuted and expired next

day.

In respect of death, which took place in 1998, a writ

petition was preferred in the year 2007 and the learned Single

Judge has allowed the writ petition granting Rs.75,000/- to

petitioner No.1 and Rs.25,000/- to petitioner No.2. The

factum of accident was not denied in the counter affidavit and

the learned Single Judge arrived at a conclusion that the

disputed questions of fact cannot be looked into a writ

petition. However, the learned Single Judge, keeping in view

the fact that the death has taken place in 1998 and the writ

petition was filed in 2007, was of the view that no purpose

will be served by permitting the writ petitioners to approach

the civil Court and in those circumstances, taking a

sympathetic view has granted the aforesaid amount. Now the

appeal has been filed for enhancement of the amount from

Rs.1 lakh to Rs.3.25 lakhs.

In the considered opinion of this Court, such

enhancement cannot be done while exercising writ

jurisdiction under Article 226 of the Constitution of India and

the learned Single Judge was certainly justified in holding

that the remedy lies somewhere else. However, as a

sympathetic view has already taken by the learned Single

Judge in granting compensation to the tune of Rs.1 lakh, this

Court does not find any reason to interfere with the order of

the learned Single Judge.

Accordingly, the writ appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 20.12.2021 ES