Karnataka High Court
Superintendent Engineer (Ele) vs Smt Kamakshi @ Kamakshamma on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:45586
RFA No. 1863 of 2017
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.1863 OF 2017 (RES)
BETWEEN:
SUPERINTENDENT ENGINEER (ELE),
CO.M, BESCOM, O & M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU - 572 102.
...APPELLANT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
AND:
1. SMT KAMAKSHI @ KAMAKSHAMMA,
W/O LATE BYATAPPA,
PRESENTLY AGED ABOUT 39 YEARS.
2. HEMALATHA,
D/O LATE BYATAPPA,
PRESENTLY AGED ABOUT 18 YEARS.
3. BHUMIKA,
D/O LATE BYATAPPA,
Digitally PRESENTLY AGED ABOUT 12 YEARS.
signed by
VANDANA S 4. VENU,
Location: S/O LATE BYATAPPA,
HIGH PRESENTLY AGED ABOUT 10 YEARS.
COURT OF
KARNATAKA THE RESPONDENTS 3 TO 4 ARE
MINORS REPRESENTED BY
THEIR MOTHER / NATURAL GUARDIAN
THE 1ST RESPONDENT,
ALL ARE RESIDING AT:
SHEEBI (DODDA SEEBI) VILLAGE,
SEEBI AGRAHARA POST,
KALLAMBELLA HOBLI, SIRA TALUK,
TUMAKURU DISTRICT - 572 102.
...RESPONDENTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1 AND R2;
R3 AND R4 ARE MINORS AND REPRESENTED BY R1)
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NC: 2023:KHC:45586
RFA No. 1863 of 2017
THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 30.05.2017 PASSED IN OS NO.46/2015
ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU,
DECREEING THE SUIT FOR DAMAGES.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises out of the impugned judgment and decree
dated 30.05.2017 passed in O.S.No.46/2015 by the Prl. 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 Byatappa, who died on
account of electrocution on 28.07.2010, was partly decreed by the
trial Court in favour of the plaintiffs. By the impugned judgment and
decree, the trial Court directed the defendant to pay a sum of
Rs.12,35,000/- together with interest at 6% per annum from the
date of the suit till realization.
2. This appeal is preferred by the defendant challenging
the impugned judgment and decree passed by the Trial Court.
3. Heard learned counsel for the appellant and learned
counsel for the respondents and perused the material on record.
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4. A perusal of the material on record will indicate that
plaintiffs are the wife and children of the deceased Byatappa, who
died due to electrocution on 28.07.2010 at about 2.30 p.m., when
he went to switch off the motor of pumpset and when he touched
the starter box at the land, he was electrocuted.
5. The defendant having contested the suit, the plaintiffs
examined plaintiff No.1 as PW-1 and Exs.P1 to P5 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 Byatappa was on account of
negligence on the part of BESCOM Authorities and consequently,
answered Issue Nos.1 and 2 in favour of the plaintiffs. Insofar as
quantum of damages are concerned, the trial Court awarded a sum
of Rs.12,35,000/- in favour of the plaintiffs together with interest at
6% per annum from the date of suit till the date of payment from
the defendant Authority.
7. Upon re-appreciation, re-evaluation and re-
consideration of entire material on record, I am of the considered
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opinion that the compensation awarded by the trial Court deserves
to be re-worked and reduced to an extent of Rs.35,500/- by taking
into account the notional income of the deceased Byatappa 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 plaintiffs is re-worked as under:
The trail Court has awarded
compensation : Rs.12,35,000/-
The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
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the Income to be taken the
accident year 2010 : Rs.5,500/-
40% future prospectus to be
added to the total income : Rs.2,200/-
Total income : Rs.7,700/-
1/4th income to be deducted
towards personal expenses. : Rs.1,925/-
Annual Income comes to
(Rs.5,775x12x15) : Rs.10,39,500/-
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.11,99,500/-
Compensation awarded by
trial Court : Rs.12,35,000/-
Balance amount
(Rs.11,99,500 - Rs.12,35,000) : (- Rs.35,500/-)
Reduced compensation amount
payable by the
respondents- plaintiffs : Rs.35,500/-
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9. Accordingly, the plaintiffs are entitled to total
compensation of Rs.11,99,550/- as against Rs.12,35,000/- awarded
by the Trial Court and they are liable to pay excess compensation
paid / disbursed by the defendant to the plaintiffs in a sum of
Rs.35,500/- to the defendant - Authority together with interest at
6% per annum from the date of receipt of compensation by the
plaintiffs, till deposit / repayment of the same to the defendant.
10. In the result, I pass the following:-
ORDER
(i) Appeal in RFA No.1863/2017 filed by the
defendant is partly allowed.
(ii) The impugned judgment and decree dated
30.05.2017 passed in O.S.No.46/2015 by the trial Court is
hereby modified.
(iii) The respondents - plaintiffs are entitled to total
compensation of Rs.11,99,550/- as against Rs.12,35,000/-
granted by the Trial Court.
(iv) The reduced compensation would carry interest
at 6% per annum from the date of receipt of compensation by
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the plaintiffs, till deposit / repayment of the same to the
defendant - Authority.
(v) The amount in deposit, if any, is directed to be
transferred to the Trial Court for disbursement.
(vi) Registry to draw decree accordingly.
Sd/-
JUDGE
GPG / SV
