The Madras High Court Bench here has directed Tamil Nadu Generation and Distribution Corporation (Tangedco) to pay a compensation of Rs.11.38 lakh to the wife and two minor girl children of a farmer who got electrocuted when he touched an electric post while working in his field near Pavoorchathiram in Tirunelveli district on November 21, 2010.
Allowing a writ petition filed jointly by S. Kavikkuyil and her two children, Justice R. Mahadevan directed Tangedco to pay the compensation amount along with interest at the rate of 7.5 per cent from 2011, when the writ petition was filed, within six weeks.
He arrived at the quantum by following computation method used for determining compensation in motor accident cases.
Though Tangedco contended that compensation could not be awarded under writ jurisdiction and the petitioners must necessarily approach the civil court concerned, the judge agreed with the submission of the petitioners’ counsel C. Karthik that the victims need not be driven to the civil court when the medical evidence clearly states that the death was due to electric shock.
“At the outset, this court points out that the respondents (Tangedco) have categorically admitted in their counter affidavit that the deceased died of electric shock. In addition, the cause of death of the deceased has been clearly reflected in the First Information Report and the post mortem report. Therefore, the respondent’s contention has no legs to stand and accordingly it is rejected,” the judge said.
Since the farmer was 35 years old at the time of his death, the court fixed his notional income to be Rs. 6,000 per month before working out the quantum of compensation. Apart from determining the loss of income, it awarded a compensation of Rs.1 lakh to his wife and Rs.50,000 each to the two minor children towards loss of love and affection.
