IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 28517 of 2007 Between: Somisetti Padma W/o Late Somisetti Gangaraju R/o Kothagudem Village devarapalli Mandal, West Godavari District. ..... PETITIONER AND 1 The Chairman and Managing Director, A.P. Eastern Power Distribution Company Ltd., (A.P. Transco) Visakhapatnam. 2 The Superintending Engineer A.P., Transco (APEPDCLtd.,) Eluru West Godavari District 3 The Assistant Divisional Engineer A.P. Transco (AP.EPDC.Ltd.,) Nidavolu, West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action fo the action the respondents, in not paying the compensation for a tune of Rs. 5,00,000/- (five Lakhs) for the death of petitioners husband somisetti Gangaraju S/o suraiah due to the electrical shock because of the negligence of the respondents is illegal, arbitrary and the of principles of natural justice and vioaltion of Article 14 of the Constitution of India and consequently direst the respondnets to pay the ex-gratia to a tune of Rs. 50, 000/- and Rs. 5,00,000/- towards damages and pass such other order or orders as this Hon'ble Court may deem fit and proper inthe circumstance of the case. Counsel for the Petitioner:S.SURENDRA KUMAR Counsel for the Respondents: MR.O.MANOHER REDDY The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 28517 of 2007 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not paying compensation of Rs.5,00,000/- (Rupees five lakhs only) for the death of husband of the petitioner Sri Somisetti Gangaraju s/o Suraiah due to electrocution and negligence on the part of the respondents as arbitrary and illegal; consequently, to direct the respondents to pay ex gratia to the tune of Rs.50,000/- and damages to the tune of Rs.5,00,000/-. Petitioner is the wife of one Somisetti Gangaraju. The said Somisetti Gangaraju, according to the petitioner, died due to electrocution on 20.4.2007 at about 3.00 p.m. When he was driving Tractor with iron boring set and other material, one of the electrical wires had fallen on the Tractor from 11 KVA electrical lines, due to which he sustained electrical shock, got admitted in the hospital for treatment and died in the District Headquarters Hospital, Rajahmundry on 20.4.2007 at about 6.30 p.m. The matter was reported to S.H.O. Devarapalli on 21.4.2007 and FIR in Cr.No.68 of 2007 was registered. According to the petitioner, all this happened due to negligence on the part of the respondents, therefore, she is entitled for ex gratia as well as damages. In this regard, she filed a petition on 9.10.2007 and, as there was no response, on 1.12.2007 she got issued a legal notice to the respondents, but till date there is no response. A detailed counter affidavit has been filed by the respondents stating that though there is a policy of ex gratia in case of death due to electrical shock, the petitioner is not entitled for the same since there was no negligence on the part of the respondents. Sofar as the payment of compensation of Rs.5,00,000/- is concerned, there is no such policy of payment of compensation and the petitioner may have to work out the remedies as available to her under the law by instituting a proper O.P. for the accidental death of her husband. In the facts and circumstances of the case, this Court is of the considered view that asfar as the negligence of the respondents is concerned, it is for the petitioner to file a civil suit for damages etc. depending upon the earning capacity of her deceased husband. Insofar as payment of ex gratia is concerned, it is brought to the notice of this Court that in similar circumstances various writ petitions have been disposed of directing the respondents to pay an amount of Rs.50,000/- (Rupees fifty thousand only) to the petitioners therein, leaving liberty to file a regular claim petition for damages. Following the same, this writ petition is also disposed of directing the respondents to pay an amount of Rs.50,000/- to the petitioner, towards ex gratia, within a period of four weeks from the date of receipt of a copy of this order. However, it is left open to the petitioner to file a regular claim petition before the competent Court of law for damages, if she is so advised. C.V. RAMULU, J. Date: 2-12-2008.