IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No. 20324 of 2004 Between: 1 K. Mariyamma, W/o. Late K. Shouraiah, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. 2 K. Innaiah, S/o. Late K. Shouraiah, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. 3 K. Anthoney, S/o. Late K. Shouraiah, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. 4 K. Domanik, S/o. Late K. Shouraiah, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. 5 K. Jyothy Mary, S/o. Late K. Shouraiah, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. 6 K. Thomas, S/o. Late K. Shouraiah, REP. by his Mother K. Mariyamma, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. 7 K. Melkeraj, S/o. Late K. Shouraiah, R/o. Kammagudem, Nadergul Saroornagar, Ranga Reddy District. ..... PETITIONER(S) AND 1 The Chairman, A.P. Transmission Corporation Limited, Vidyuth Soudha, Khairatabad. 2 The Divisional Engineer, A.P. Transco, Thurka Yamjal, Hayat Nagar Mandal, R.R. District. 3 The Assistant Divisional Engineer, A.P. Transco, Thurka Yamjal, Hayat Nagar Mandal, R.R. District. 4 The Assistant Engineer, A.P. Transco, Thurka Yamjal, Sub Station, Hayat Nagar Mandal, R.R. District. 5 Sri Ramulu, S/o. NOt Known, Thurka Yamjal, Hayathnagar, R.R. District. .....RESPONDENTS 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 a Writ of Mandamus or order directing the respondents to pay the compensation amount of Rs.5,00,000/- (Rupees Five Lakhs) to the petitioners, Counsel for the Petitioner:MR.SRINIVASA RAO VEERAMACHANENI Counsel for the Respondent No.: MR.O.MANOHER REDDY THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20324 of 2004 ORDER: In this writ petition, the petitioners seek a direction by way of Mandamus to direct the respondents for payment of compensation to a tune of Rs.5,00,000/-. It is the case of the petitioners that the first petitioner is the wife and petitioners 2 to 7 are the children of one K.Shouraiah, who died on 29th September, 2003 in the premises of St.Paul Church at Kammagudem, Nadergul, Ranga Reddy District on account of electrocution. It is their case that the death of the deceased was only on account of negligence on the part of the A.P. Transco, and stating that they lost their sole breadwinner, they filed the present writ petition for payment of compensation. During the course of arguments, learned counsel for the petitioners has brought to the notice of this Court the orders issued by the Central Power Distribution Company of A.P. Limited, Hyderabad, for payment of compensation to the departmental and non- departmental accidents as a measure of ex gratia. So far as compensation is concerned, though the petitioners have claimed compensation to a tune of Rs.5,00,000/-, the Supreme Court in SDO, GRID Corporation of Orissa Ltd. V. Timudu Oram[1] held that in cases of death due to electric shock from snapped wires, negligence is required to be established by the petitioners-claimants. In the said context, the Supreme Court further held that whether negligence is there or not on the part of the respondents cannot be decided in a petition filed under Article 226 of the Constitution of India and, in such matters, the claimants have to approach the civil Court by instituting suits. But, at the same time, there is no reason for the respondents in not considering the case of the petitioners for payment o f ex gratia to non-departmental persons as notified in C.O.O.DS(Per)Ms.No.239 dated 30.06.2003. For the aforesaid reasons, while declining to grant the relief as prayed for, the writ petition is disposed of permitting the petitioners to make a representation to respondents 6 and 7 for payment of ex gratia, as contemplated under C.O.O.DS(Per)Ms.No.239 dated 30.06.2003, within a period of four weeks from today. On such a representation being made, respondents 6 and 7 are directed to consider the same and shall pay the amounts, if any, as expeditiously as possible, preferably within a period of three months thereafter. Subject to the above direction, the writ petition is disposed of. Insofar as compensation is concerned, it is left open to the petitioners to move any other appropriate forum. ______________________ R.SUBHASH REDDY,J Dt:15.04.2009 usd [1] 2005(6) SCC 156