Karnataka High Court
Superintending Engineer (Ele) vs Smt Lakshmamma on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
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RFA No. 2230 of 2023
C/W RFA No. 458 of 2022
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.2230 OF 2023 (RES)
C/W
REGULAR FIRST APPEAL NO.458 OF 2022 (RES)
IN RFA NO. 2230/2023:
BETWEEN:
1. SMT. LAKSHMAMMA,
W/O LATE MANJAIAH,
AGED ABOUT 49 YEARS,
2. NAGARAJU,
S/O LATE MANJAIAH,
AGED ABOUT 32 YEARS,
3. SAROJAMMA,
D/O MEGHANA,
AGED ABOUT 29 YEARS,
4. PARVATHAMMA,
Digitally
signed by W/O MANJUNATH,
VANDANA S AGED ABOUT 34 YEARS,
Location:
HIGH R/O A.D. COLONY, SUBHASH NAGARA,
COURT OF GUBBI TOWN AND TALUK
KARNATAKA
TUMAKURU DISTRICT - 577 101.
5. Y.M. NETHRA,
W/O GOVINDARAJU,
AGED ABOUT 26 YEARS,
R/O NAGANAHALLI VILLAGE,
HUTHRIDURGA HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT - 577 101.
PETITIONER NO.1 TO 3 ARE
R/O YALIYUR VILLAGE,
-2-
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RFA No. 2230 of 2023
C/W RFA No. 458 of 2022
HUTHRIDURGA HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT - 577 101.
...APPELLANTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER,
BESCOM, O AND M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMKUR - 572 101.
...RESPONDENT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 15.11.2021 PASSED IN
OS.NO.564/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR
DAMAGES.
IN RFA NO.458/2022:
BETWEEN
SUPERINTENDING ENGINEER (ELE),
BESCOM, O AND M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU - 572 102.
...APPELLANT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
AND:
1. SMT. LAKSHMAMMA,
W/O LATE MANJAIAH,
PRESENTLY AGED ABOUT 48 YEARS,
2. NAGARAJU,
S/O LATE MANJAIAH,
PRESENTLY AGED ABOUT 31 YEARS,
3. SAROJAMMA,
D/O LATE MANJAIAH
PRESENTLY AGED ABOUT 28 YEARS,
-3-
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RFA No. 2230 of 2023
C/W RFA No. 458 of 2022
THE RESPONDENTS NO. 1 TO 3 ARE
RESIDING AT YALIYUR VILLAGE,
HUTHRIDURGA HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT - 572 130.
4. SMT. PARVATHAMMA,
W/O SRI. MANJUNATH,
PRESENTLY AGED ABOUT 33 YEARS,
RESIDING AT A.D. COLONY, SUBHASH NAGARA,
GUBBI TOWN AND TALUK,
TUMAKURU DISTRICT - 572 216.
5. SMT. Y.M. NETHRA,
W/O SRI. GOVINDARAJU,
PRESENTLY AGED ABOUT 25 YEARS,
RESIDING AT NAGANAHALLI VILLAGE,
HUTHRIDURGA HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT - 577 130.
...RESPONDENTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE
FOR R1 AND R3 TO R5;
R2 IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 15.11.2021 PASSED IN
OS.NO.564/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR
DAMAGES.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both these appeals arise out of the impugned judgment and
decree dated 15.11.2021 passed in O.S.No.564/2019 by the Addl.
Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the defendant by the plaintiffs, who
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are wife and children of the deceased Manjaiah, who died on
account of electrocution on 11.04.2017, 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.10,60,000/- together with interest at 6% per annum from the
date of the suit till realization.
2. RFA No.2230/2023 is preferred by the plaintiffs
seeking enhancement of compensation awarded by the Trial Court
while RFA No.458/2022 is preferred by the defendant challenging
the impugned judgment and decree passed 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 Manjaiah, who
died due to electrocution on 11.04.2017 at about 4.00 p.m., while
passing urine beside Yagalavadi-Bukkasagara Road, near
Sabarapalya Village of Kunigal Taluk, he came in contact with the
gey electric live wire, due to the negligent act of the defendant.
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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
defendant and no documents were marked.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Manjaiah was on account of
negligence on the part of BESCOM Authorities and consequently,
answered Issue Nos.1, 2 and 3 in favour of the plaintiffs. Insofar as
quantum of damages are concerned, the trial Court awarded a sum
of Rs.10,60,000/- 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
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 Manjaiah 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
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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.10,60,000/-
The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
the Income to be taken the
accident year 2017 : Rs.11,000/-
25% future prospectus to be
added to the total income : Rs.2,750/-
Total income : Rs.13,750/-
1/4th income to be deducted
towards personal expenses. : Rs. 3,437/-
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Annual Income comes to
(Rs.10,313x12x13) : Rs.16,08,828/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
Wife : 40,000/-
Son : 30,000/-
Daughter: 30,000/-
Daughter: 30,000/-
Daughter: 30,000/-
Total : : Rs.1,60,000/-
------------------
Rs.17,98,828/-
Compensation awarded by
trail court : Rs.10,60,000/-
Balance amount
(Rs.17,98,828 - Rs.10,60,000) : Rs.7,38,828/-
Enhanced amount entitled
by appellants : Rs.7,38,828/-
9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.7,38,828/- 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.2230/2023 filed by the plaintiffs is partly
allowed.
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(ii) RFA No.458/2022 filed by the defendant is
hereby dismissed.
(iii) The impugned judgment and decree dated
15.11.2021 passed in O.S.No.564/2019 by the trial Court is
hereby modified.
(iv) The appellants - plaintiffs in RFA No.2230/2023
are entitled to additional enhanced compensation of
Rs.7,38,828/- 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.
(v) The appellants - plaintiffs in RFA No.2230/2023
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
