P.

Kalanjiyam vs Tamil Nadu Electricity Board

Facts of the Case

In this case, The Writ petition is filed Under Article 226 of The
Constitution by P. Kalanjiyam the wife of Palpandian against the Tamil Nadu
Electricity Board for asking the Compensation for her husband’s death. The
petitioner is said to have received an ex-gratia of a sum of Rs. 4,00,000/- from
the State Government and a sum of Rs. 2,00,000/- from the Prime Minister's
relief fund. The petitioner has filed this writ petition directing the respondents to
pay a sum of Rs. 25,00,000/- as compensation. The respondents have filed a
counter affidavit opposing the prayer. By saying that this may make it difficult
to conclude that the petitioner's husband was making Rs. 23,000 per month,
according to the learned standing counsel. In this case, the petitioner claims
that her husband was earning about Rs. 3,00,000/- per annum, I believe that the
petitioner will simply need to establish the deceased's income before the
jurisdictional Court because it is doubted that they were earning any money at
the time of the accident. The petitioner's husband's income at the time of his
death may not have been known to the Writ Court at that moment. Considering
the materials placed by the petitioner, the respondents cannot deny their liability
to pay a sum of Rs. 5,00,000/- as the ex-gratia payment to the petitioner.
Finally, The court has declared that to pay a sum of Rs. 3,50,000/- and other
legal heirs namely., two daughters and a son will take a sum of Rs. 50,000/-
each.
Forum History
The first objection is based on the decision of the Hon'ble
Supreme Court reported in [(2000) 4 SCC 539 (P. Anand Gajapathi Raju v.
P.V.G. Raju)].
Main Issues Raised
Under Article 226 of the Indian Constitution, a petition is
filed asking the court to issue a Writ of Certiorariified Mandamus ordering the
production of records related to the impugned order made by the two
respondents on July 14, 2016, to vacate the decision, and to order the
respondents to pay the petitioner Rs. 25,00,000 as compensation for the death of
her husband from electrocution.
The decision of the Forum 
 As a result, respondents are directed to give the petitioner
compensation in the amount of Rs. 5,00,000/-. The petitioner, the offender's
wife, will receive Rs. 3,50,000, while the other lawful heirs, two daughters, and
a son, will receive Rs. 50,000 each. The ex-gratia payment paid by the State
Government and the Central Government cannot be adjusted in any way, it is
certain.
Analysis and Conclusion
As per the understanding, there may exit of contributory
negligence the petitioner had said that if the current had stopped her Husband
would not have died, so there is negligence on both sides if he walked carefully
then this accident could be avoided. so it is difficult to conclude. The court’s
decision is acceptable because it has given a decision based on the nature of the
action which had happened and given the decision .