as per the provisions of the Electricity Act, 2003, the Government of Andhra Pradesh/APERC notified minimum compensation of Rs.5,00,000/- to the bereaved family in case of nondepartmental fatal electrical accidents vide the Andhra Pradesh Electricity Regulatory Commission Compensation to Victims of Electrical Accidents Regulation, 2017 (Regulation No.2 of 2017). Therefore, the respondents are under an obligation to pay the compensation amount of Rs.5,00,000/- to the petitioner for loss of her husband as a result of electrocution. Learned counsel would also submit that the erstwhile High Court of Andhra Pradesh and the common High Court, in similar set of facts and circumstances, directed the electricity authorities to consider the case of the parties for payment of compensation.

 Ambati Eswar Reddy, while trying to switch on starter of motor pump set to irrigate the agricultural field, met with fatal electrical accident due to high voltage and electrical short circuit and died instantaneously. The said accident is a non-departmental fatal accident. Police also registered a case in Crime No.111 of 2019, and conducted inquest. The autopsy conducted by the Civil Assistant Surgeon, District Headquarters Hospital, Nandyal, revealed that the cause of death is ‘electrical shock’. The petitioner’s family is eking out livelihood by doing agriculture. The petitioner approached the concerned authorities several times for payment of ex-gratia/compensation, but in vain. Therefore, the 2 MGR,J WP_4310_2021 petitioner submitted representation, dated 21.12.2020 to the respondents. Inspite of receipt of the said notice, no action is taken by the respondents. Hence, assailing the inaction of the respondents to pay the compensation, this writ petition is filed.

as per the provisions of the Electricity Act, 2003, the Government of Andhra Pradesh/APERC notified minimum compensation of Rs.5,00,000/- to the bereaved family in case of nondepartmental fatal electrical accidents vide the Andhra Pradesh Electricity Regulatory Commission Compensation to Victims of Electrical Accidents Regulation, 2017 (Regulation No.2 of 2017). Therefore, the respondents are under an obligation to pay the compensation amount of Rs.5,00,000/- to the petitioner for loss of her husband as a result of electrocution. Learned counsel would also submit that the erstwhile High Court of Andhra Pradesh and the common High Court, in similar set of facts and circumstances, directed the electricity authorities to consider the case of the parties for payment of compensation.

AP HIGH COURT

THE HON’BLE SRI JUSTICE M. GANGA RAO

Writ Petition No.4310 of 2021

AMBATI SAVITHRI

-VERSES-

SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED

ORDER

 This writ petition, under Article 226 of the Constitution of India, is filed

seeking the following relief/s:

“…to issue a Writ in the nature of Writ of Mandamus or an appropriate

writ or order or direction to the respondents herein, holding that the

inaction on the part of the respondents for not paying minimum

compensation of Rs.5.00 Lakhs (Rupees five Lakhs only) to the petitioner

herein, for the death of her husband Ambati Eswar Reddy, due to

“Electric Shock” on 15.08.2019 as per A.P Gazette notification No.241,

Date 29.05.2017, and in terms of the principle of law laid down by the

Hon’ble High Court of Judicature, Hyderabad, in a similar case, in its

orders dated 24.12.2012 in W.P.No.35215 of 2012, even after lapse of

considerable time as illegal, arbitrary and violation of fundamental rights

guaranteed under the Constitution and consequently to direct the

respondents to pay exgratia of Rs.5.00 lakhs to the petitioner herein,

within a time bound period and pass such other order or orders…”

 Heard Sri Hari Kishan Kudikala, learned counsel for the petitioner, and

Sri Y. Nagi Reddy, learned standing counsel appearing for the respondents.

Perused the material on record.

 The case of the petitioner is that, on 15.08.2019, her husband Ambati

Eswar Reddy, while trying to switch on starter of motor pump set to irrigate

the agricultural field, met with fatal electrical accident due to high voltage

and electrical short circuit and died instantaneously. The said accident is a

non-departmental fatal accident. Police also registered a case in Crime No.111

of 2019, and conducted inquest. The autopsy conducted by the Civil Assistant

Surgeon, District Headquarters Hospital, Nandyal, revealed that the cause of

death is ‘electrical shock’. The petitioner’s family is eking out livelihood by

doing agriculture. The petitioner approached the concerned authorities several

times for payment of ex-gratia/compensation, but in vain. Therefore, the 

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petitioner submitted representation, dated 21.12.2020 to the respondents.

Inspite of receipt of the said notice, no action is taken by the respondents.

Hence, assailing the inaction of the respondents to pay the compensation, this

writ petition is filed.

 Learned counsel for the petitioner submits that as per the provisions of

the Electricity Act, 2003, the Government of Andhra Pradesh/APERC notified

minimum compensation of Rs.5,00,000/- to the bereaved family in case of nondepartmental fatal electrical accidents vide the Andhra Pradesh Electricity

Regulatory Commission Compensation to Victims of Electrical Accidents

Regulation, 2017 (Regulation No.2 of 2017). Therefore, the respondents are

under an obligation to pay the compensation amount of Rs.5,00,000/- to the

petitioner for loss of her husband as a result of electrocution. Learned counsel

would also submit that the erstwhile High Court of Andhra Pradesh and the

common High Court, in similar set of facts and circumstances, directed the

electricity authorities to consider the case of the parties for payment of

compensation. Non consideration of the representation, by way of legal

notice, of the petitioner for payment of ex-gratia/compensation as per the

Regulations and earlier orders of the High Court is illegal and arbitrary.

 Learned sanding counsel submits that for quantifying the compensation,

the petitioner has to approach the civil Court.

 The said contention is untenable. For payment of ex-gratia and other

benefits under the schemes, public law remedy is available before this Court.

 Having regard to the facts and circumstances of the case, submissions of

both the counsel and on perusal of the material record, this Court, in the

interests of justice, felt it appropriate to dispose of the writ petition directing

the respondents to consider the representation submitted by the petitioner, in

terms of Regulation No.2 of 2017 of the Andhra Pradesh Electricity Regulatory 

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Commission, for payment of ex-gratia within a period of six weeks from the

date of receipt of a copy of this order.

 With the above directions, the Writ Petition is disposed of. There shall

be no order as to costs.

As a sequel, pending miscellaneous applications, if any, shall stand

closed.

______________

M.GANGA RAO, J

23.02.2021

Vjl 

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MGR,J

WP_4310_2021

THE HON’BLE SRI JUSTICE M. GANGA RAO

Writ Petition No.4310 of 2021

23.02.2021

Vjl