B.RANI Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition has been filed by one B.Rani claiming compensation of a sum of Rs.20 lakhs on account of the death of her son B.Parthasarathy, who died due to electrocution while in the process of ironing his clothes in the residence which has been taken on rent by the petitioner and her son late B.Parthasarathy from the 5th respondent, the house owner.

(2.) The question would be whether a Writ Court can order compensation in such cases. There have been several decisions on this point where the Court has issued directions and directed payment of compensation by the Electricity Board where it had been established that death or injury is on account of electrocution and there was prima facie material to show that the electrocution was on account of either snapping of the wire or falling of the wire, etc. In all those cases, the death had occurred on account of snapping of a wire or exposure of an electrical cable in a public place.

(3.) The only distinguishing feature in the instant case is that electrocution has occurred in the residential premises where the petitioner and her son were residing on rental basis. In such circumstances, can this Court direct compensation to be paid. The petitioner has claimed a sum of Rs.20 lakhs as compensation. The petitioner would state that her son was about 30 years old and he was working as a cleaner in the Greater Chennai Corporation having been appointed on compassionate ground, as the petitioner's husband K.Balakrishnan died in harness. The appointment was given to the petitioner's son on 01.09.2015. Apart from that, the petitioner would contend that the marriage of her son has been fixed and was scheduled to be performed on 03.02.2017. On the fateful day, i.e. On 05.10.2016 there was a power cut in the entire building premises which consists of 18 dwelling units, namely, row houses.