Karnataka High Court
The Superintending Engineer (Ele) vs Smt Nagarathnamma on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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RFA No. 1891 of 2018
C/W RFA No. 2342 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.1891 OF 2018 (RES)
C/W
REGULAR FIRST APPEAL NO. 2342 OF 2023 (RES)
IN RFA NO. 1891/2018:
BETWEEN:
THE SUPERINTENDING ENGINEER (ELE),
BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED, O & M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU - 572 101.
...APPELLANT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
AND:
1. SMT. NAGARATHNAMMA,
W/O LATE H.V. SRINIVASAMURTHY,
Digitally AGED ABOUT 41 YEARS,
signed by
VANDANA S
2. SRI. DHARANESH,
Location:
HIGH S/O LATE H.V. SRINIVASAMURTHY,
COURT OF AGED ABOUT 21 YEARS,
KARNATAKA
3. YASHASWINI,
D/O LATE H.V. SRINIVASAMURTHY,
AGED ABOUT 18 YEARS,
ALL ARE RESIDING AT
HONNUDIKE VILLAGE, GULUR HOBLI,
TUMAKURU TALUK AND DISTRICT - 572 101.
...RESPONDENTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1 TO R3)
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RFA No. 1891 of 2018
C/W RFA No. 2342 of 2023
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 06.07.2018 PASSED IN OS
NO.23/2018 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND
CJM., TUMAKURU PARTLY DECREEING THE SUIT FOR DAMAGES.
IN RFA NO.2342/2023:
BETWEEN:
1. SMT. NAGARATHNAMMA,
W/O LATE H.V. SRINIVASAMURTHY,
AGED ABOUT 46 YEARS,
2. DHARANESH,
S/O LATE H.V. SRINIVASAMURTHY,
AGED ABOUT 26 YEARS,
3. YASHASWINI,
D/O LATE H.V. SRINIVASAMURTHY,
AGED ABOUT 23 YEARS,
ALL THE APPELLANTS ARE
R/O HONNUDIKE VILLAGE, GULUR HOBLI,
TUMAKURU TALUK AND DISTRICT - 572 101.
...APPELLANTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER,
BESCOM, O & M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU, TUMKURU 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 JUDGMENT AND DECREE DATED 06.07.2018
PASSED IN OS NO.23/2018 ON THE FILE OF PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREED THE SUIT
FOR DAMAGES.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 1891 of 2018
C/W RFA No. 2342 of 2023
JUDGMENT
Both these appeals arise out of the impugned judgment and
decree dated 06.07.2018 passed in O.S No.23/2018 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 H.V.Srinivasamurthy, who
died on account of electrocution on 11.05.2016, 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.10,13,338/- together with interest at 6% per annum
from the date of the suit till realization.
2. RFA No.2342/2023 is preferred by the plaintiffs
seeking enhancement of compensation awarded by the Trial Court
while RFA No.1891/2018 is preferred by the defendant challenging
the impugned judgment and decree passed by the Trial Court.
3. Heard learned counsel for the appellant/s and learned
counsel for the respondent/s 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
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H.V.Srinivasamurthy, who died due to electrocution on 11.05.2016
in between 10.30 A.M. and 12.30 P.M., when he was plucking the
betel leaves by using 15ft wooden ladder, which was situated at
Kallaiahnapalya, Tumkur District, and due to the said Arecanut tree
came in contact with the electrical high tension wire he also came
in contact with the high tension wire due to the negligent act of the
respondent - defendant.
5. The defendant having contested the suit, the plaintiffs
examined plaintiff No.1 as PW-1 on behalf of them and documents
at Exs.P1 to P7 were marked. An Official of BESCOM was
examined as DW-1 on behalf of the defendant and no documents
were marked.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of H.V.Srinivasamurthy was on account
of negligence on the part of BESCOM Authorities and
consequently, answered Issue Nos.1 to 4 in favour of the plaintiffs.
Insofar as quantum of damages are concerned, the Trial Court
awarded a sum of Rs.10,13,338/- in favour of the appellants -
plaintiffs together with interest @ 6% PA 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 H.V.Srinivasamurthy 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.10,13,338/-
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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 2011 : Rs.9,500/-
40% future prospectus to be
added to the total income : Rs.2,375/-
Total income : Rs.11,875/-
1/3rd income to be deducted
towards personal expenses. : Rs. 3,959/-
Annual Income comes to
(Rs.7,916x12x14) : Rs.13,29,888/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
Wife : 40,000/-
Son : 30,000/-
Daughter: 30,000/-
Total : : Rs.1,00,000/-
------------------
Rs.14,59,888/-
Compensation awarded by
Trail Court : Rs.10,13,338/-
Balance amount
(Rs.14,59,888 - Rs.10,13,338) : Rs.4,46,550/-
Enhanced amount entitled
by appellants : Rs.4,46,550/-
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9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.4,46,550/- 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) RFA No.2342/2023 filed by the plaintiffs is partly
allowed.
(ii) RFA No.1891/2018 filed by the defendants is
hereby dismissed.
(iii) The impugned judgment and decree dated
06.07.2018 passed in O.S.No.23/2018 by the Trial Court is
hereby modified.
(iv) The appellants - plaintiffs in RFA No.2342/2023
are entitled to additional enhanced compensation of
Rs.4,46,550/- 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.
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(v) The appellants - plaintiffs in RFA No.2342/2023
would not be entitled to the interest for the delayed period in
preferring the appeal.
(vi) The amount in deposit, if any, is directed to be
transferred to the Trial Court for disbursement.
(vii) Registry to draw decree accordingly.
Sd/-
JUDGE
GPG / SV
CT: BHK
