Karnataka High Court
Narasamma vs Superintendent Engineer on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:45639
RFA No. 2095 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.2095 OF 2023 (RES)
BETWEEN:
1. NARASAMMA,
W/O LATE MUDDAIAH,
AGED ABOUT 44 YEARS,
2. SANNEERAIAH,
S/O LATE MUDDAIAH,
AGED ABOUT 23 YEARS,
3. ASHA,
D/O LATE MUDDAIAH,
AGED ABOUT 20 YEARS,
4. SOUMYA,
D/O LATE MUDDAIAH,
Digitally
signed by AGED ABOUT 18 YEARS,
VANDANA S
ALL THE APPELLANTS ARE
Location: R/O CHIKKAHEDIGEHALLI VILLAGE,
HIGH
CHELUR HOBLI, GUBBI TALUK,
COURT OF
KARNATAKA TUMKURU DISTRICT - 572 101.
...APPELLANTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER,
KARYA AND PALANA CIRCLE,
BENGALURU POWER SUPPLY,
BOARD LTD., 'O' & 'M' CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU, TUMAKURU DISTRICT - 572 101.
...RESPONDENT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.10.2021
PASSED IN OS NO.184/2019 ON THE FILE OF ADDITIONAL SENIOR CIVIL
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RFA No. 2095 of 2023
JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR THE
RELIEF OF COMPENSATION BY WAY OF DAMAGES.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arise out of the impugned judgment and decree
dated 01.10.2021 passed in O.S.No.184/2019 by the Addl. Senior
Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the defendant by the plaintiffs, who
are wife and children of the deceased Muddaiah, who died on
account of electrocution on 18.07.2016, was partly decreed by the
trial Court in favour of the plaintiffs. By the impugned judgment and
decree, the trial Court directed the defendants to pay a sum of
Rs.12,65,000/- together with interest at 6% per annum from the
date of the suit till realization.
2. This appeal is preferred by the plaintiffs seeking
enhancement of compensation awarded by the Trial Court.
3. Heard learned counsel for the appellants and learned
counsel for the respondent and perused the material on record.
4. A perusal of the material on record will indicate that
plaintiffs are the wife and children of the deceased Muddaiah, who
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died due to electrocution on 18.07.2016 at about 5.30 a.m., while
harvesting medicine cucumber which was grown in land bearing
Sy.No.6 situated at Chikkahedigehalli Village in Cheluru Hobli of
Gubbi Taluk, he came in contact with the laying electric live wire
which was break down from the electric pole due to the negligent
act of the respondent - defendant.
5. The respondent - defendant having contested the suit,
the appellants - plaintiffs examined plaintiff No.2 as PW-1 and
Exs.P1 to P11 were marked. An Official of BESCOM was
examined as DW-1 on behalf of the respondent - defendant and no
documents were marked.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Muddaiah was on account of
negligence on the part of BESCOM Authorities and consequently,
answered Issue Nos.1, 2 and 3 in favour of the appellants -
plaintiffs. Insofar as quantum of damages are concerned, the trial
Court awarded a sum of Rs.12,65,000/- in favour of the appellants
- plaintiffs together with interest @ 6% per annum from the date of
suit till the date of payment from the respondent - defendant
Authority.
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7. Upon re-appreciation, re-evaluation and re-
consideration of entire material on record, I am of the considered
opinion that the compensation awarded by the trial Court deserves
to be re-worked and enhanced by taking into account the notional
income of the deceased Muddaiah and bearing in mind the
principles related to payment of compensation in motor vehicle
accident cases as held by the Hon'ble Apex Court in the cases of
(i) NATIONAL INSURANCE COMPANY LIMITED vs PRANAY
SETHI AND OTHERS - (2017) 16 SCC 680; (ii) SARLA VERMA
vs DELHI TRANSPORT COPORATION - AIR 2009 SC 3104 and
MAGMA GENERAL INSURANCE COMPANY LIMITED vs. NANU
RAM ALIAS CHUHRU RAM AND OTHERS - (2018 ACJ 2782
(SC). The said principle directing payment of compensation in
electrocution related death cases has been followed by the Hon'ble
Division Bench of this Court in the case of EXECUTIVE
ENGINEER (ELE) AND ANOTHER vs SMT D.V. BHAGYA AND
ANOTHER - RFA No.493/2019 - DD 17.02.2020.
8. Under these circumstances, the compensation payable
in favour of appellants - plaintiffs is re-worked as under:
The trail Court has awarded
compensation : Rs.12,65,000/-
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The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
the Income to be taken the
accident year 2016 : Rs.9,500/-
40% future prospectus to be
added to the total income : Rs.3,800/-
Total income : Rs.13,300/-
1/4th income to be deducted
towards personal expenses. : Rs. 3,325/-
Annual Income comes to
(Rs.9,975x12x15) : Rs.17,95,500/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
Wife : 40,000/-
Son : 30,000/-
Daughter: 30,000/-
Daughter: 30,000/-
Total : : Rs.1,30,000/-
--------------------
Rs.19,55,500/-
Compensation awarded by
trail court : Rs.12,65,000/-
Balance amount
(Rs.19,55,500 - Rs.12,65,000) : Rs.6,90,500/-
Enhanced amount entitled
by appellants : Rs.6,90,500/-
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9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.6,90,500/- as
against the amount awarded by the trial court with 6% per annum
from the date of petition / suit till realization or deposit.
10. In the result, I pass the following:-
ORDER
(i) Appeal in RFA No.2095/2023 filed by the
plaintiffs is partly allowed.
(ii) The impugned judgment and decree dated
01.10.2021 passed in O.S.No.184/2019 by the trial Court is
hereby modified.
(iii) The appellants - plaintiffs are entitled to
additional enhanced compensation of Rs.6,90,500/- payable
by the defendant to the plaintiffs together with interest at the
rate of 6% per annum from the date of suit till the date of
payment.
(iv) The appellants - plaintiffs would not be entitled
to the interest for the delayed period in preferring the appeal.
(v) The amount in deposit, if any, is directed to be
transferred to the Trial Court for disbursement.
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(vi) Registry to draw decree accordingly.
Sd/-
JUDGE
GPG / SV
