Karnataka High Court
Smt Shivalingamma vs Superintendent Engineer on 4 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2023:KHC:43890
RFA No. 1179 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. 1179 OF 2021 (RES)
BETWEEN:
1. SMT. SHIVALINGAMMA,
W/O LATE RANGANATH @ RANGANATHAPPA,
AGED ABOUT 25 YEARS.
2. DIVYA,
D/O LATE RANGANATHA,
AGED ABOUT 5 YEARS.
3. SHIVAMMA,
W/O RANGAPPA,
AGED ABOUT 48 YEARS.
4. RANGAPPA,
S/O LATE GUDDARANGAPPA,
Digitally AGED ABOUT 54 YEARS,
signed by
VANDANA S PLAINTIFF NO.2 IS REPRESENTED BY,
Location: MINOR GUARDIAN 1ST PLAINTIFF,
HIGH COURT
OF ALL ARE R/AT,
KARNATAKA
SAJJEHOSAHALLI VILLAGE,
DODDERI HOBLI,
MADHUGIRI TALUK,
TUMKURU DISTRICT - 572 101
...APPELLANTS
(BY SRI. GIRISH B BALADARE.,ADVOCATE)
-2-
NC: 2023:KHC:43890
RFA No. 1179 of 2021
AND:
SUPERINTENDENT ENGINEER,
BESCOM O AND M CIRCLE,
OLD KOTHITHOPI ROAD,
TUMAKURU - 572 101
...RESPONDENT
(BY SRI. H. V. DEVARAJU.,ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 17.10.2017
PASSED IN O.S.NO.18/2017 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, TUMAKURU, DECREEING THE
SUIT FOR DAMAGES.
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 17.10.2017 passed in O.S No.18/2017 by the Principal
Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the respondent - defendant by the
appellants - plaintiffs, who are the wife, daughter, mother and
father of the deceased Ranganath @ Ranganathappa, 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 plaintiffs were entitled to a sum of Rs.8,77,000/- excluding the
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compensation already given by the defendant i.e. Rs.3,38,000/-
together with interest @ 6%PA from the date of suit till payment
from the respondent - defendant Authority.
2. 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
appellants - plaintiffs are are the wife, daughter, mother and father
of the deceased Ranganath @ Ranganathappa, who died due to
electrocution on 28.07.2013 at about 1.00 p.m., when he went to
garden of Doddarangappa situated at Sajjehosahalli Village,
Dodderi Hobli, Madhugiri Taluk in order to collect the coconut
leaves, 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 appellants - plaintiffs examined plaintiff No.1 as PW-1 and
Exs.P1 to P7 were marked.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Ranganath @ Ranganathappa, was
on account of negligence on the part of BESCOM Authorities and
consequently, answered Issue Nos.1 to 4 in favour of the
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appellants - plaintiffs. Insofar as quantum of damages are
concerned, the trial Court awarded a sum of Rs.8,77,000/-
excluding the compensation already given by the defendant i.e.
Rs.3,38,000/- 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.
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 Ranganath @ Ranganathappa 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
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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.8,77,000/-
The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
the Income to be taken the
accident year 2013 : Rs.8,000/-
40% future prospectus to be
added to the total income : Rs.3,200/-
Total income : Rs.11,200/-
1/4 income to be deducted
towards personal expenses. : Rs.2,800/-
Annual Income comes to
(Rs.8,400x12x18) : Rs.18,14,400/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
Wife : 40,000/-
Daughter
and parents
(3x30,000/-) : 90,000/-
Total : Rs.1,30,000/-
------------------
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------------------
Total : Rs.19,74,400/-
Compensation awarded by
trail court : Rs.8,77,000/-
Balance amount
(Rs.19,74,400 - Rs.8,77,000) : Rs.10,97,400/-
Amount already paid to appellants : Rs.3,38,000/-
Enhanced amount entitled
by appellants : Rs.7,59,400/-
9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.7,59,400/- as
against the amount awarded by the trial court with 6% p.a. from the
date of petition / suit till realization or deposit.
10. In the result, I pass the following:-
ORDER
(i) The appeal filed by the appellants-plaintiffs is partly
allowed.
(ii) The impugned judgment and decree dated 17.10.2017
passed in O.S.No.18/2017 by the trial Court is hereby modified.
(iii) The appellants - plaintiffs is entitled to additional
enhanced compensation of Rs.7,59,400/- payable by the
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respondent - defendant to the appellants-plaintiffs together with
interest at the rate of 6% PA 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 the appeal.
Registry to draw decree accordingly.
Sd/-
JUDGE
KTY
