LAWS(MAD)-2018-7-911

A SHANTHI Vs. SUPERINTENDING ENGINEER, TAMILNADU ELECTRICITY BOARD

Decided On July 18, 2018
A SHANTHI Appellant
V/S
SUPERINTENDING ENGINEER, TAMILNADU ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) The petitioner has filed this Writ Petition seeking issuance of Mandamus, directing the respondents to pay adequate compensation to the petitioner for the death of her son.

(2.) The case of the petitioner is that the petitioner had only one son namely Naresh and was studying in IX std in a Government School at Ariyalur. On 16.08.2002, at about 9.45 p.m., while her son was walking on the road opposite to Basin Bridge Police Station, there was rain water stagnant on the road and he stamped on a live electrical wire, which was protruding from the surface and the same was left unclosed by the respondent after carrying out electrical maintenance work and as a result, due to electrocution the petitioner's son died on the spot. Thereafter, Police investigated the case and registered an FIR in Crime No.231 of 2002 and the postmortem was conducted on 17.08.2002. According to the petitioner, the accident happened only due to electrocution and the carelessness of the respondents. Accordingly, the petitioner has filed a petition claiming adequate compensation for loss of a person. However, the respondents, immediately after the accident had paid Rs.25,000/- as compensation. Aggrieved by the meager amount of compensation, the petitioner has filed the present writ petition.

(3.) Heard both sides.