Karnataka High Court
Prameela vs Superintendent Engineer on 4 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:43966
RFA No. 1063 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 1063 OF 2021 (RES)
BETWEEN:
PRAMEELA,
W/O LATE VENKATARAMU,
AGED ABOUT 53 YEARS,
R/O KAGGERE VILLAGE,
YADIYURU HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572 101.
...APPELLANT
(BY SRI. GIRISH B BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER,
BESCOM, O AND M CIRCLE,
Digitally
signed by OLD KOTHITHOPU ROAD,
VANDANA S TUMAKURU - 572 101.
Location:
HIGH COURT ...RESPONDENT
OF
KARNATAKA (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
23.07.2018 PASSED IN OS.NO.22/2018 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU,
DECREEING THE SUIT FOR DAMAGES.
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NC: 2023:KHC:43966
RFA No. 1063 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises out of the impugned judgment and decree
dated 23.07.2018 passed in O.S No.22/2018 by the Principal
Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the respondent - defendant by the
appellant - plaintiff, who is mother of the deceased Srinivas K.V. @
Yogesh, who died on account of electrocution, was partly decreed
by the trial Court. By the impugned judgment and decree, the trial
Court declared that the plaintiff was entitled to a sum of
Rs.6,28,000/- excluding the compensation already given by the
defendant i.e. Rs.3,32,000/- together with interest @ 6%PA from
the date of suit till payment from the respondent - defendant
Authority.
2. Heard learned counsel for the appellant and learned
counsel for the respondent and perused the material on record.
4. A perusal of the material on record will indicate that
appellant - plaintiff is mother of the deceased Srinivas K.V. @
Yogesh, who died due to electrocution on 23.04.2015 at about 6.30
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a.m., when he went to eucalyptus bush situated at Kaggere Village,
Yadiyuru Hobli, Kunigal Taluk to attend nature call, he came in
contact with the loosely hand electric wire due to the negligent act
of the respondent - defendant.
5. The respondent - defendant having contested the suit,
the appellant - plaintiff examined plaintiff as PW-1 and Exs.P1 to
P8 were marked. An Official of BESCOM was examined as DW-1
on behalf of the respondent - defendant and Ex.D1 was marked.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Srinivas K.V. @ Yogesh, was on
account of negligence on the part of BESCOM Authorities and
consequently, answered Issue Nos.1 to 5 in favour of the appellant
- plaintiff. Insofar as quantum of damages are concerned, the trial
court awarded a sum of Rs.6,28,000/- excluding the compensation
already given by the defendant i.e. Rs.3,32,000/- in favour of the
appellant - plaintiff together with interest @ 6%PA, from the date of
suit till the date of payment from the respondent - 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
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to be re-worked and enhanced by taking into account the notional
income of the deceased Srinivas K.V. @ Yogesh 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 appellant - plaintiff is re-worked as under:
The trail court has awarded
compensation : Rs.6,28,000/-
The appellant claims the
compensation as under as per
Karnataka Legal Service Committee
the Income to be taken the
accident year 2015 : Rs.9,000/-
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40% future prospectus to be
added to the total income : Rs.3,600/-
Total income : Rs.12,600/-
50% income to be deducted
towards personal expenses. : Rs.6,300/-
Annual Income comes to
(Rs.6,300x12x18) : Rs.13,60,800/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium: 1 x 30,000/- : Rs.30,000/-
------------------
Total : Rs.14,20,800/-
Compensation awarded by
trail court : Rs.6,28,000/-
Balance amount
(Rs.14,20,800 - Rs.6,28,000) : Rs.7,92,800/-
Amount already paid to appellant : Rs.3,32,000/-
Enhanced amount entitled
by appellant : Rs.4,60,800/-
9. Accordingly, the appellant-plaintiff is entitled for additional
enhanced compensation in a sum of Rs.4,60,800/- as against the
amount awarded by the trial court with 6% p.a. from the date of
petition / suit till realization or deposit.
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10. In the result, I pass the following:-
ORDER
(i) The appeal filed by the appellant-plaintiff is partly allowed.
(ii) The impugned judgment and decree dated 23.07.2018
passed in O.S.No.22/2018 by the trial Court is hereby modified.
(iii) The appellant - plaintiff is entitled to additional enhanced
compensation of Rs.4,60,800/- payable by the respondent -
defendant to the appellant-plaintiff together with interest at the rate
of 6% PA from the date of suit till the date of payment.
(iv) The appellant-plaintiff would not be entitled to the interest
for the delayed period in the appeal.
Registry to draw decree accordingly.
Sd/-
JUDGE
KTY
CT:SNN
