Karnataka High Court
Section Officer vs Suresh Yamanappa Baragal on 10 November, 2023
Bench: M.I.Arun
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NC: 2023:KHC-D:13164
WP No. 106049 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 106049 OF 2014 (GM-RES)
BETWEEN:
1. SECTION OFFICER
HARUGERI, HESCOM,
TQ: RAIBAG,
DIST: BELGAUM.
2. THE ASST. EXECUTIVE ENGINEER (ELE)
HARUGERI, HESCOM,
TQ: RAIBAG,
DIST: BELGAUM.
3. THE EXECUTIVE ENGINEER ( ELE)
HARUGERI, HESCOM,
TQ: RAIBAG,
DIST: BELGAUM.
GIRIJA A
BYAHATTI
4. THE SUPERINTENDENT ENGINEER (ELE)
HESCOM, VIDYANAGAR, HALATTI,
Digitally
signed by TQ: CHIKKODI,
GIRIJA A
BYAHATTI DIST: BELGAUM.
5. THE MANAGING DIRECTOR,
VIDYUT BHAVAN, HESCOM,
NOW AT: NAVANAGAR, HUBLI,
DIST: DHARWAD.
...PETITIONERS
(BY SRI. B.S.KAMATE, ADVOCATE)
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NC: 2023:KHC-D:13164
WP No. 106049 of 2014
AND:
1. SURESH YAMANAPPA BARAGAL,
AGE: 34 YEARS, OCC: COOLIE,
R/O. MADAR ONI, HARUGERI,
TQ: RAIBAG, DIST: BELGAUM.
2. KUMAR YAMANAPPA S/O. SURESH BARAGAL,
AGE: 05 YEARS,
MINOR, R/BY HIS FATHER
SURESH YAMANAPPA BARAGAL,
AGE: 34 YEARS, OCC: COOLIE,
R/O. MADAR ONI, HARUGERI,
TQ: RAIBAGM DIST: BELGAUM.
3. KUMAR PRAVEEN S/O. SURESH BARAGAL,
AGE: 03 YEARS,
MINOR, R/BY HIS FATHER
SURESH YAMANAPPA BARAGAL,
AGE: 34 YEARS, OCC: COOLIE,
R/O. MADAR ONI, HARUGERI,
TQ: RAIBAG, DIST: BELGAUM.
...RESPONDENTS
(R1 - SERVED; R2 AND R3 ARE MINORS R/BY R1)
THIS WRIT PETITION IS FILED PRAYING TO QUASH THE
IMPUGNED JUDGEMENT AND ORDER DATED 14/03/2014 AND
THE AWARD DATED 17/03/2014, PASSED BY THE PERMANENT
LOK-ADALAT, BELGAUM IN O.P.NO.78/2012 PRODUCED AT
ANNEXURE-H & J.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
(B-GROUP), THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13164
WP No. 106049 of 2014
ORDER
The petitioners have challenged the judgment and
award dated 14.03.2014 and 17.03.2014 respectively in
O.P.No.78/2012 by the Permanent Lok Adalat, Belgaum.
2. The deceased, who was the wife of respondent
No.1 and mother of respondent Nos.2 and 3 was washing
clothes near the open well at Harugeri Village of Raibag
Taluk. At that time, due to strong winds, the electric wires
passing above the said well got cut and fell on the
deceased and she died due to electrocution. The
Permanent Lok Adalat has awarded a sum of
Rs.9,30,000/- as compensation. Aggrieved by the same,
the present writ petition is filed.
3. The order is challenged mainly on the ground
that, there is no negligence on the part of the petitioners
herein, but the evidence show the reason for the death of
the deceased was because the electricity wires got cut due
to wind and fell on her. No other reason is attributed.
NC: 2023:KHC-D:13164
WP No. 106049 of 2014
Under the said circumstances, negligence has to be
attributed to the petitioners for not maintaining the said
wires properly taking into consideration the weather
conditions in the said area.
4. With regard to quantum, if we adopt the
amount that the respondents would have been entitled
taking into consideration the yardstick adopted to
compensate victims of accident, the compensation
awarded in the instant case is not in excess.
5. For the aforementioned reasons, I do not find
any reason to interfere with the well reasoned judgment
and award of the Permanent Lok Adalat. The writ petition
is hereby dismissed.
Sd/-
JUDGE
RH
