LAWS(APH)-2010-6-130

M LAKSHMAIAH Vs. SUPERINTENDING ENGINEER, AP TRANSCO

Decided On June 24, 2010
M Lakshmaiah Appellant
V/S
Superintending Engineer, Ap Transco Respondents

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the action of the respondent in not paying compensation for the death of the petitioner's son due to electrocution on 17-5-2000, as illegal and arbitrary. The petitioner sought for a direction to the respondent to pay compensation/ex gratia to the petitioner.

(2.) The son of the petitioner, by name, M. Ravi is stated to have died due to electric shock on 17-5-2000 near an agricultural well. The petitioner alleged that the death has occurred on account of snapping of electric wire when the yoke, with which the deceased was ploughing the land, hit the pole. A criminal case in Crime No. 28 of 2000 was registered under Sec. 174 Crimial P.C., and the same was closed on 2-11-2000 treating the death, due to accident. The petitioner pleaded that he and his wife had been going around the officers for payment of compensation under Apatbandhu Scheme and also for compensation from the AP Transco; and that the District Collector, Nalgonda, vide: Memo dated 20-12-2002, has rejected the petitioner's claim for payment of compensation under Apatbandhu Scheme on the ground that the quota for the year 2002 has already exhausted. As the legal notice caused to be issued by the petitioner on 17-6-2003 did not yield any result, he filed the present Writ Petition.

(3.) In support of the claim of the petitioner, the learned Counsel for the petitioner placed reliance on the judgment of this Court in Master Kartik Vs. A.P. State Electricity Board, 1995 3 ALD 1.