A.RAJESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard both sides.

(2.) The writ petitioner's parents were agricultural labourers. On 6/6/2016, they came in contact with the electric fencing unauthorizedly put up in the petition-mentioned land. Both tragically died due to electrocution. In this regard, Crime No.215 of 2016 was registered on the file of the Boothapandy Police Station. The deceased had left behind three children including the writ petitioner herein. Each of them was paid a sum of Rs.2,00,000.00 towards ex-gratia by TANGEDCO. Contending that the amount paid was insufficient, W.P.(MD)No.19843 of 2017 was filed.

(3.) The matter was listed before His Lordship The Hon'ble Mr.Justice K.Kumaresh Babu. His Lordship noted that on the issue of liability of TANGEDCO in respect of such deaths, there are conflicting views. In B.Kumar v. State of Tamil Nadu and ors (WP(MD)No.4388 of 2020 dtd. 4/10/2023), the petitioner sought compensation for the death of his father who had come into contact with an unauthorised electric fencing put up by a private party. The learned Judge took the view that without going into the issue as to whether there was negligence on the part of the Electricity Department, ex-gratia payment must be paid by TANGEDCO to the tune of Rs.5.00 lakhs as per Board Proceedings No.6 dtd. 16/10/2019. In M.Devi v. The Chairman, TNEB (WP(MD)No.21207 of 2021), it was held that TANGEDCO cannot be made liable to pay any compensation for the death that occurred due to illegal erection of electric wire fencing by a private party. It is interesting to note both the orders were delivered by His Lordship Mr.Justice N.Anand Venkatesh.