Karnataka High Court
G C Jayamma vs Superintendent Engineer on 14 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2023:KHC:45585
RFA No. 167 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.167 OF 2022 (RES)
BETWEEN:
1. G.C. JAYAMMA,
W/O LATE KRISHNEGOWDA,
AGED ABOUT 40 YEARS,
2. S.K. MEGHANA,
D/O LATE KRISHNEGOWDA,
AGED ABOUT 21 YEARS,
3. S.K. RASHMITHA,
Digitally D/O LATE KRISHNEGOWDA,
signed by AGED ABOUT 19 YEARS,
VANDANA S
Location: ALL ARE RESIDING AT SHETTIPURA GRAMA,
HIGH AMRUTHURU HOBLI, KUNIGAL TALUK,
COURT OF TUMKUR DISTRICT - 572 101.
KARNATAKA ...APPELLANTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER,
BESCOM, O AND M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU, TUMKURU DISTRICT - 572 101.
...RESPONDENT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 13.07.2017 PASSED IN
OS.NO.137/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, TUMAKURU, PARTLY DECREEING THE SUIT
FOR DAMAGES.
-2-
NC: 2023:KHC:45585
RFA No. 167 of 2022
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arise out of the impugned judgment and decree
dated 13.07.2017 passed in O.S.No.137/2016 by the III Addl.
Senior Civil Judge and JMFC, Tumakuru, whereby the said suit
filed seeking compensation against the defendant by the plaintiffs,
who are wife and children of the deceased Krishnegowda, who
died on account of electrocution on 30.04.2014, 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 Krishnegowda,
who died due to electrocution on 30.04.2014 at about 3.00 p.m.,
NC: 2023:KHC:45585
while irrigating the sugar cane crop in the field at Shettipura Village,
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.1 as PW-1 and
Exs.P1 to P6 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 Krishnegowda 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.
NC: 2023:KHC:45585
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 Krishnegowda 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/-
NC: 2023:KHC:45585
The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
the Income to be taken the
accident year 2014 : Rs.8,500/-
40% future prospectus to be
added to the total income : Rs.3,400/-
Total income : Rs.11,900/-
1/3rd income to be deducted
towards personal expenses. : Rs. 3,967/-
Annual Income comes to
(Rs.7,933x12x15) : Rs.14,27,940/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
Wife : 40,000/-
Daughter: 30,000/-
Daughter: 30,000/-
Total : : Rs.1,00,000/-
--------------------
Rs.15,57,940/-
Compensation awarded by
trail court : Rs.12,65,000/-
Balance amount
(Rs.15,57,940 - Rs.12,65,000) : Rs.2,92,940/-
Enhanced amount entitled
by appellants : Rs.2,92,940/-
NC: 2023:KHC:45585
9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.2,92,940/- 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.167/2022 filed by the plaintiffs
is partly allowed.
(ii) The impugned judgment and decree dated
13.07.2017 passed in O.S.No.137/2016 by the trial Court is
hereby modified.
(iii) The appellants - plaintiffs are entitled to
additional enhanced compensation of Rs.2,92,940/- 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.
NC: 2023:KHC:45585
(vi) Registry to draw decree accordingly.
Sd/-
JUDGE
GPG / SV
