SONIYA JAYAKUMAR Vs. SECRETARY TO GOVERNMENT AND ORS.

JUDGEMENT

(1.) The petitioner is the hapless mother of a young boy, who unfortunately died of electrocution from a live wire on 19/08/2017. She says that her son was only 13 years at the time of his untimely death and that the electrocution was solely on account of the negligence on the part of the respondents. She, therefore, prays that the 2nd respondent-Kerala State Electricity Board (hereinafter referred to as 'the KSEB' for short) be directed to pay her the eligible ex-gratia compensation, as per Exts.P6 and P7 orders, without relying on Clause 2 of the said orders, which mandates that 'the dependants/legal heirs of the deceased shall have to agree not to resort to any litigation or approach legal Courts/Forum for enhanced compensation'(sic).

(2.) The petitioner says that the afore restrictive clause in Exts.P6 and P7 is completely untenable and illegal in law and therefore, that she is entitled to the exgratia compensation as also to sue the respondents for eligible damages in terms of the law of torts.

(3.) In answer to the afore submissions made by the learned counsel for the petitioner, Shri.Sudheer Ganesh Kumar-the learned Standing Counsel for the KSEB, submits that an amount of Rs.5 lakhs, which is the ex-gratia compensation under Exts.P6 and P7 orders, has already been paid to the petitioner in obedience to the interim order of this Court dated 9th August, 2019, and therefore, that this writ petition be closed without granting any other relief to her. He then vehemently asserts that the electrocution and the unfortunate death of the petitioner's son was not on account of any fault attributable to the KSEB and that there were certain extenuating circumstances beyond their control which led to it; particularly because they have reliable information that the electrocution happened on account of an accident caused by another vehicle which had been driven recklessly, thus snapping the electric line.