K.MUTHU Vs. THE SECRETARY,PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed to issue a writ of mandamus directing the respondents to pay a sum of Rs.10,00,000/- as compensation to the death of the petitioners son due to electrocution.

(2.) The facts in brief of the case are as follows: The son of the petitioner, namely, Muthupandi, aged about 40 years, and his wife while on 24.04.2010 were taking drinking water from the nearest pipe- line of their house, the electric wire between pole No.744952043 and 744952044 snapped and fallen down on the petitioners son and caused his sudden and unexpected death on the spot. Subsequently, a case was registered in Crime No.201/2010 by the Sub-Inspector of police, Chekkanoorani Police Station, Madurai District and the body of the deceased was sent to Post- mortem. Further, the post-mortem report dated 25.04.2010, is opined that the death of the son was caused due to cardio respiratory arrest owing to electrocution.

(3.) Having lost his son, who was the sole bread-winner of the family of the petitioner, he was left into lurch. The death of the petitioners son was caused due to the negligence and careless of the respondents in maintaining the electric pole and wire as improper manner. At the time of death, the said deceased Muthupandi was working as driver in a Private Carrier and was earning sufficiently. Thereafter, the petitioner requested the respondents by sending several representations for the payment of compensation for the act of negligence on the part of the Electricity Board. Since the respondents have not taken action in response, the petitioner was forced to seek compensation by filing the present writ petition. From the representation sent by the petitioner, it is seen that the daughter-in-law of the petitioner was also died subsequently as because of the sudden death of her husband in her presence on the spot.