W.P.(MD) No. 2796 of 2014. Case: S. Deivendran and Ors. Vs The State of Tamil Nadu and Ors.. High Court of Madras (India)

Case NumberW.P.(MD) No. 2796 of 2014
CounselFor Appellant: M.P. Senthil, Adv. and For Respondents: M. Alaguthevan, Addl. Govt. Pleader
JudgesV. Parthiban, J.
IssueConstitution of India - Article 226
Judgement DateMarch 17, 2017
CourtHigh Court of Madras (India)


V. Parthiban, J.

  1. The Petitioner has approached this Court seeking for issuance of a Writ of Mandamus directing the respondents 1 to 5 to pay a sum of Rs. 5 lakhs with interest at 9% from 14.10.2012 till the date of payment/realization, towards compensation for the death of the Petitioners' son due to Electrocution.

  2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

  3. The Petitioners only son Saravanamukar was born to them in the year 1993. On 14.10.1992, their son had touched a live wire due to poor maintenance, while taking the two wheeler for side back home came in contact with the snapped wire and electrocuted. According to the Petitioner, due to poor maintenance, the live wire had fallen upon him and which resulted in fatal accident and their only son died on the said date itself. He being the only son and the bread-winner of the family, the family suffered untold mental agony and hardship. Loosing their only son at such an young age, when he had a bright future, never to be compensated in terms of money. Nevertheless due to the negligent act of the Electricity Board officials, the petitioners son had died in the circumstances as stated above.

  4. According to the Petitioners, at the time of accident, their son was earning Rs. 6000/- p.m. and the sudden death of their son virtually rendered the Petitioners as orphans and that they have no moral support and the Petitioners' being parents of the only son, has to lead their remaining life without any hope. In these circumstances, the Petitioners approached this Court seeking issuance of a Writ of Mandamus to the respondents 1 to 5 to pay a sum of Rs. 5 lakhs with interest at 9% from 14.10.2012 till the date of payment/realization of the compensation.

  5. On behalf of the respondents/Electricity Board, reply statement has been filed stating that the respondents are carrying out maintenance work periodically and moreover, it was regularly advertised, awareness created to avoid touching the electric poles, that too, at the time of rains, wetness due to rains and it is also contended that there is a contributory negligence on the part of the deceased also. It was contended that the accident was caused due to the act of the god and no negligence on the part of the Electricity Board. From the above facts and circumstances, I am unable to appreciate the contention advanced by the Electricity Board. No sane person would wantonly and...

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