Karnataka High Court
Henjegowda vs Superintendent Engineer on 6 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2023:KHC:44113
RFA No. 1664 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.1664 OF 2021 (RES)
BETWEEN:
1. PUSHPA
W/O. LATE SRINIVASA
AGED ABOUT 34 YEARS,
2. DEEXITHA
S/O. LATE SRINIVASA
AGED 12 YEARS,
(APPELLANTS NO.2 IS MINOR
REPRESENTED BY MINOR GUARDIAN
APPELLANT NO.1)
ALL ARE RESIDING AT
HIPPEMARADHODDI VILLAGE
KOOTAKAL HOBLI
Digitally RAMANAGARA TALUK
signed by RAMANAGARA DISTRICT-571 511.
VANDANA S
...APPELLANTS
Location: (BY SRI GIRISH B. BALADARE, ADVOCATE)
HIGH
COURT OF
KARNATAKA AND:
SUPERINTENDENT ENGINEER
KARYA & PALANA CIRCLE
BESCOM O AND M CIRCLE
OLD KOTHITHOPU ROAD
TUMAKURU
TUMAKURU DISTRICT-572 101.
...RESPONDENT
(BY SRI H.V. DEVARAJU, ADVOCATE)
-2-
NC: 2023:KHC:44113
RFA No. 1664 of 2021
THIS APPEAL IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF THE CPC., PRAYING TO MODIFY THE
JUDGMENT AND DECREE DATED 11.02.2019 PASSED BY THE
ADDITIONAL SENIOR CIVIL JUDGE AND CJM., AT TUMAKURU IN
O.S.NO.124/2017 AND ENHANCE THE COMPENSATION AS PRAYED
WITH INTEREST IN THE INTEREST OF JUSTICE AND EQUITY.
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 11.02.2019 passed in O.S.No.124/2017 by the Addl. Senior
Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the respondent/defendant by the
appellants/plaintiffs, wife and daughter of deceased Srinivas 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 Rs.4,34,000/- together with interest
@ 6% p.a. from the date of suit till payment from the respondent-
defendant Authority.
2. This appeal is preferred by the appellants/plaintiffs
seeking enhancement of the compensation aggrieved by the
impugned judgment and decree.
3. Heard.
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4. Perusal of the material on record will indicate that
appellants/plaintiffs are the wife and daughter of deceased
Srinivas, who died due to electrocution on 24.05.2012 at 12.30
p.m., when he had come to his in law's house situated at
Nagathihalli Village, Kunigal taluk, Tumkur district and had gone to
bring fodder to the cattle, at the time, the electrical wires connected
to the bore well had fallen on the ground due to bad weather and
the deceased accidentally stepped on electrical wires and died due
to electrocution on the way to the hospital 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.P.1 to P.9 were marked. An Official of BESCOM was
examined as DW.1 on behalf of respondent/defendant.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Srinivas was on account of
negligence on the part of defendant/Board (BESCOM) and
consequently, answered Issue Nos.1 to 4 in favour of the
appellants/plaintiffs. In so far as quantum of damages are
concerned, trial court awarded a sum of Rs.4,34,000/- in favour of
NC: 2023:KHC:44113
the appellants/plaintiffs together with interest @ 6% p.a. from the
date of suit till 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 Srinivas 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 NATIONAL
INSURANCE COMPANY LIMITED vs PRANAY SETHI AND
OTHERS reported in (2017) 16 SCC 680; SARLA VERMA vs
DELHI TRANSPORT COPORATION reported in AIR 2009 SC
3104 and MAGMA GENERAL INSURANCE COMPANY LIMITED
vs NANU RAM ALIAS CHUHRU RAM AND OTHERS reported in
(2018 ACJ 2782 (SC) ). The said principle directing payment of
compensation in electrocution related death cases has been
followed by the Division Bench of this Court in the case of
EXECUTIVE ENGINEER (ELE) AND ANOTHER vs SMT D.V.
BHAGYA AND ANOTHER in RFA No.493/2019 - DD 17.02.2020.
NC: 2023:KHC:44113
8. Under this circumstances, the compensation payable
in favour of appellants/plaintiffs is to be worked as under:
The trial court has awarded
compensation : 4,34,000/-
The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
the income to be taken the
accident year 2012 : 7,000/-
40% future prospectus to be
added total income : 2,800/-
Total income : 9,800/-
1/3 income to be deducted
towards personal expenses. : -3,266/-
Annual Income comes to
6,534x12x16 : 12,54,528-00
Funeral expenses : 15,000-00
Towards Estate : 15,000-00
Filial Consortium:
Wife =40,000
Daughter=30,000 : 70,000-00
Total : :13,54,528-00
Compensation awarded by
trial court : 4,34,000-00
Balance amount : 9,20,528-00
The appellants are entitle for total compensation
Rs.13,54,528/- as against Rs.4,34,000/- and
enhanced compensation of Rs.9,20,528/- with 6%
NC: 2023:KHC:44113
interest from the date of petition/suit till realization or
deposit.
The appellants are not entitled for the interest
during the delayed period."
9. In the result, this appeal is partly allowed. The
impugned judgment and decree dated 11.02.2019 passed in
O.S.No.124/2017 by the Addl. Senior Civil Judge and CJM,
Tumakuru, is modified. Appellants/plaintiffs are entitled to
additional enhanced compensation of Rs.9,20,528/-, payable by
the respondent/defendant to the appellants/plaintiffs together with
interest at the rate of 6% p.a. from the date of suit till payment. The
appellants/plaintiffs would not be entitled to the interest for the
delayed period in the appeal.
Registry to draw decree accordingly.
Sd/-
JUDGE
hkh.
