LAWS(MAD)-2018-1-310

JEYABARATHY Vs. CHAIRMAN

Decided On January 24, 2018
Jeyabarathy Appellant
V/S
CHAIRMAN Respondents

JUDGEMENT

(1.) The first petitioner wife of the deceased C.Baskar, a fisherman by profession; the petitioners 2 to 6 children of the deceased and the respondents 7 and 8 parents of the deceased, have come before this Court seeking a writ of Mandamus to direct the respondents to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) together with interest towards compensation for the death of the deceased C.Baskar due to electrocution.

(2.) Facts-In-Brief, are as follows:

(3.) Denying the claim of the petitioners as baseless, the respondents 1 to 4 filed the counter affidavit for himself and on behalf of the other respondents and inter alia, contended that the deceased was negligent while passing through the electric lines and came into contact with a live electric line and got electrocuted. Further, it is contended that since there are disputed questions of fact, the writ petition is not maintainable and the proper course for the petitioners to seek compensation, is only before the civil Court and hence, prayed for the dismissal of this writ petition.