In a significant ruling, the Madras High Court has directed the Tamil Nadu Generation and Distribution Corporation (Tangedco) to pay a compensation of ₹20 lakh to a woman from Thanjavur district. The order comes as relief for the family of a man who tragically died due to electrocution while performing work unofficially arranged by a Tangedco employee.
The Tragic Incident and Legal Battle
The case pertains to the death of R. Prabha's husband on September 17, 2021. According to the petition, her husband was engaged by a Tangedco foreman to rectify an electrical connection and erect an electric pole in Thanjavur. While carrying out this work, he suffered a fatal electrocution.
Following his death, Prabha and her children were left in severe financial hardship. She initially approached the High Court in 2022 seeking a compassionate appointment. The court at that time directed the Thanjavur District Collector to consider her claim. However, the authorities rejected her plea. The rejection was based on the grounds that her husband was not a permanent or contract employee and that he was "unauthorisedly employed" by a department official without following due procedure.
Court's Scrutiny and Key Observations
Challenging this rejection, Prabha filed the present petition. Justice K. Kumaresh Babu, who heard the case, made crucial observations based on Tangedco's own counter-affidavit. The judge noted that the department's foreman had employed the deceased "on his own motion" for installing the electric pole without prior departmental permission.
The court record showed that the foreman involved was subsequently suspended and punished. This, the judge pointed out, amounted to a "categorical admission" that the death occurred during the course of employment with the department, even if the hiring was unofficial.
Vicarious Liability Established
Justice K. Kumaresh Babu firmly applied the principle of vicarious liability to the case. "The department cannot shirk their liability as they are vicariously liable for such appointments being made by its employees," the judge observed.
The court held that since the petitioner's husband died during his employment, Tangedco was obligated to provide compensation. The judge emphasized that the petitioner deserved sufficient financial support despite the unauthorized nature of the work arrangement.
The Final Verdict and Directive
Concluding the proceedings, the Madras High Court directed Tangedco to pay ₹20 lakh as compensation to the widow, R. Prabha. The corporation has been given a period of three months to comply with the court order and disburse the amount.
This ruling underscores the legal responsibility of government departments and corporations for the actions of their employees, even when they act outside strict official protocols, if the act is connected to their employment. The judgment brings a measure of justice to a family that suffered both a personal tragedy and subsequent financial distress.
