Karnataka High Court
Somachari vs Superintendent Engineer on 4 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2023:KHC:43833
RFA No. 1732 of 2022
C/W RFA No. 809 of 2022
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. 1732 OF 2022 (RES)
C/W
REGULAR FIRST APPEAL NO. 809 OF 2022(RES)
IN RFA NO.1732 OF 2022
BETWEEN:
1. SOMACHARI,
S/O LATE VENKATARAMANBAPPA,
AGED ABOUT 57 YEARS,
R/A MUGADALL BEETA VILLAGE,
NIDAGAL HOBLI,
PAVAGADA TALUK,
TUMAKURU DISTRICT - 572 101.
2. HANUMAKKA,
Digitally W/O SOMACHARI,
signed by
VANDANA S AGED ABOUT 47 YEARS,
Location: R/A MUGADALL BEETA VILLAGE,
HIGH COURT
OF NIDAGAL HOBLI,
KARNATAKA PAVAGADA TALUK,
TUMAKURU DISTRICT - 572 101
...APPELLANTS
(BY SRI. GIRISH B. BALADARE., ADVOCATE)
AND:
SUPERINTENDENT ENGINEER
BESCOM, O AND M CIRCLE,
-2-
NC: 2023:KHC:43833
RFA No. 1732 of 2022
C/W RFA No. 809 of 2022
OLD KOTHITHOPU ROAD,
TUMAKURU,
TUMAKURU DISTRICT - 572 101
...RESPONDENT
(BY SRI. H.V. DEVARAJU.,ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE
1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
08.12.2021 PASSED IN OS No.218/2020 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY
DECREEING THE SUIT FOR DAMAGES.
IN RFA NO.809 OF 2022
BETWEEN:
SUPERINTENDENT ENGINEER (ELE.)
BESCOM, O AND M CIRCLE,
OLD KOTHITHOPU ROAD,
TUMAKURU,
TUMAKURU DISTRICT - 572 101
...APPELLANT
(BY SRI. H.V. DEVARAJU.,ADVOCATE)
AND:
1. SRI. SOMACHARI,
S/O LATE VENKATARAMANBAPPA,
AGED ABOUT 57 YEARS,
R/A MUGADALL BEETA VILLAGE,
NIDAGAL HOBLI,
PAVAGADA TALUK,
TUMAKURU DISTRICT - 572 101.
2. SMT. HANUMAKKA,
W/O SOMACHARI,
AGED ABOUT 47 YEARS,
-3-
NC: 2023:KHC:43833
RFA No. 1732 of 2022
C/W RFA No. 809 of 2022
R/A MUGADALL BEETA VILLAGE,
NIDAGAL HOBLI,
PAVAGADA TALUK,
TUMAKURU DISTRICT - 572 101.
...RESPONDENTS
(BY SRI. GIRISH B. BALADARE., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 08.12.2021 PASSED IN OS
No.218/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR
DAMAGES.
THESE APPEALS, COMING ON FOR ORDER, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both these appeals arise out of the impugned judgment and
decree dated 08.12.2021 passed in O.S No.218/2020 by the Addl.
Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the respondent - defendant by the
appellants - plaintiffs, who are father and mother of the deceased
Mahendra @ Lokesh, 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
NC: 2023:KHC:43833
sum of Rs.13,26,000/- together with interest @ 6%PA from the
date of suit till payment from the respondent - defendant Authority.
2. RFA No.1732/2022 is preferred by the appellants -
plaintiffs seeking enhancement of the compensation, while RFA
No.809/2022 is preferred by the respondent - defendant for setting
aside 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
appellants - plaintiffs are the father and mother of the deceased
Mahendra @ Lokesh, who died due to electrocution on 30.07.2017
at about 5.00 a.m., when he went to bring leaves for goats from
pupil tree situated near Agri Gold layout, on Pavagada-Devalakere
Road, Pavagada Taluk, Tumkur District, 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.2 as PW-1 and
Exs.P1 to P9 were marked.
NC: 2023:KHC:43833
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Mahendra @ Lokesh, was on
account of negligence on the part of BESCOM Authorities and
consequently, answered Issue Nos.1 and 2 in favour of the
appellants - plaintiffs. Insofar as quantum of damages are
concerned, the trial court awarded a sum of Rs.13,26,000/- 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 Mahendra @ Lokesh 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
NC: 2023:KHC:43833
(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.13,26,000/-
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/-
40% future prospectus to be
added to the total income : Rs.4,400/-
Total income : Rs.15,400/-
50% income to be deducted
towards personal expenses. : Rs.7,700/-
Annual Income comes to
(Rs.7,700x12x18) : Rs.16,63,200/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
NC: 2023:KHC:43833
parents 2 x 30,000/-
: Rs.60,000/-
------------------
Total : Rs.17,53,200/-
Compensation awarded by
trail court : Rs.13,26,000/-
Balance amount
(Rs.17,53,200 - Rs.13,26,000) : Rs.4,27,200/-
9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.4,27,200/- 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) RFA No.1732/2022 filed by the appellants - plaintiffs is
partly allowed.
(ii) RFA No.806/2022 is hereby dismissed.
(iii) The impugned judgment and decree dated 08.12.2021
passed in O.S.No.218/2020 by the trial Court is hereby modified.
NC: 2023:KHC:43833
(iv) The appellants - plaintiffs are entitled to additional
enhanced compensation of Rs.4,27,200/- payable by the
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.
(v) 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
