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CDJ 2026 MHC 903 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. (MD) No. 35397 of 2025
Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR
Parties : Ramanathan & Others Versus The Chairman, Tamil Nadu Generation & Distribution Corporation Limited (Formerly TNEB), Chennai & Others
Appearing Advocates : For the Petitioners: D. Venkatachalam, Advocate. For the Respondents: S. Deenadhayalan, Standing Counsel.
Date of Judgment : 30-01-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) by way of compensation to the petitioners for the death of the petitioners' father Mr.Pandivalli on account of electrocution.)

1. The present writ petition has been filed seeking a Mandamus as against the official respondents, directing them to pay a compensation of Rs.25,00,000/- for the death of the writ petitioners' father, who died on account of electrocution.

2. According to the learned counsel appearing for the writ petitioners, the writ petitioners' father was an agriculturist, who is aged about 77 years. While he was working in his agricultural field, a live electric wire got snapped and fallen on his land. The writ petitioners' father had stepped upon the live wire, and he was electrocuted and died on the spot.

3. According to the learned counsel appearing for the writ petitioners, the writ petitioners' father was hale and healthy and was earning a sum of Rs.25,000/- per month. It is submitted that if the writ petitioners' father had not died due to electrocution, he would have lived for another 25 years, during which, the writ petitioners' would have benefited from his earnings. Hence, the writ petitioners have prayed for a compensation of Rs.25,00,000/-.

4. The learned Standing Counsel appearing for the respondents, by relying upon the judgment of the Division Bench of this Court in W.A.No.2419 of 2021, dated 24.06.2024 in the case of the Chairman, TANGEDCO, Tamil Nadu Electricity Board No.144, Anna Salai, Chennai – 600 002 and Others Vs. Sarawati and others, would submit that the Division Bench has not accepted the method of granting compensation by adopting the principles under the Motor Vehicles Act in electrocution cases. Hence, he submitted that the writ petitioners may be directed to approach the competent Civil Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. The writ petitioners have prayed for a compensation of Rs.25,00,000/- for the death of their father due to electrocution. According to the learned counsel for the writ petitioners, their father's monthly earning was Rs.25,000/- and if the writ petitioners had not died due to electrocution, he would have lived for another 25 years. The Division Bench of this Court in W.A..No.2419 of 2021, dated 24.06.2024, in Paragraph No.8 reads as follows:

                   “8. However, we are not inclined to agree with the said submission in view of the fact that granting compensation by adopting the Motor Vehicles Act, 1988, table would set a wrong precedent, since for arriving quantum of compensation, adjudication must be conducted based on the documents and evidences available on record. But, compassionate compensation can be granted, along with interest, to the victim at the first instance and liberty may be granted to the victim to approach the competent Civil Court of law for the purpose of seeking enhancement of compensation, by establishing negligence on the part of the Electricity Board Authorities. The said approach would be balancing, so as to consider the interest of the parties and not to cause any prejudice to any one of the parties.

7. In view of the judgment of the Division Bench of this Court in W.A..No.2419 of 2021, dated 24.06.2024,, this Court is not inclined to adopt the method of granting compensation as per the Motor Vehicles Act. However, it is brought to the notice of this Court that TANGEDCO, by Board Proceedings No.11, dated 21.12.2024, has fixed a compensation of Rs.10,00,000/- for fatal accident due to electrocution. Therefore, the writ petitioners would be entitled to receive Rs.10,00,000/- along with interest at the rate of 7% from 22.10.2025 till the date of payment.

8. The writ petitioners would be entitled to move the appropriate Court for enhancement of compensation by praying negligence, if they are so advised.

9. In view of the above said deliberations, the respondents are directed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the writ petitioners along with 7% interest from 22.10.2025 till the date of payment. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

10. With the above said observations, the writ petition stands disposed of. No costs.
 
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