HC refuses to step into relief given to kin of deceased

Refusing to intervene in the compensation granted under the Act to the wife of N Devan who was electrocuted while working for the Tamil Nadu Electricity Board (TNEB) in Kotagiri, Justice SM Subramaniam said, “When the factum regarding the death of an employee on electrocution is established without any pale of doubt, and the authorities of the Electricity Board are unable to prove that they had not given any permission or instructions to such deceased employee, the benefit of Workmen Compensation Act by awarding compensation is to be granted.”

The power utility had contended that the deceased was not a workman and therefore it was not liable to pay any compensation.

However, Justice Subramaniam held that in the present case, the competent authority under the Workmen Compensation Act fixed the salary as Rs 4,000 for the purpose of calculating compensation.

“This court does not find any infirmity or perversity regarding the fixation of salary. Accordingly, the Workman Compensation is calculated as Rs 4.05 lakh,” he said.

The order also noted that in the present case, the deceased employee was survived by his wife, two minor daughters and mother.

Thus, the benefit of the welfare legislation undoubtedly was to be extended in order to rehabilitate the family, and more specifically when the breadwinner of the family died suddenly.