Karnataka High Court
Sharadamma vs Superintendent Engineer on 27 November, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2023:KHC:42742
RFA No. 1586 of 2022
C/W RFA No. 1703 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 1586 OF 2022 (RES)
C/W
REGULAR FIRST APPEAL NO. 1703 OF 2019(RES)
BETWEEN:
IN R.F.A.NO. 1586/2022
1. SHARADAMMA
W/O LATE SHIVANNA NAIKA,
AGED ABOUT 33 YEARS,
2. NITHIN
S/O LATE SHIVANNA NAIKA,
AGED ABOUT 13 YEARS,
3. NAYANA
S/O LATE SHIVANNA NAIKA,
AGED ABOUT 11 YEARS,
Digitally APPELLANT NOS.2 AND 3
signed by MINORS REPRESENTED BY
VANDANA S GUARDIAN APPELLANT NO.1
Location:
HIGH ALL ARE RESIDING AT
COURT OF ARASAAPURA THANDA VILLAGE,
KARNATAKA ARASAPURA POST,
HOLAVANAHALLI HOBLI,
KORATAGERE TALUK,
TUMAKURU DISTRICT-572101
...APPELLANTS
(BY SRI GIRISH B BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER
KARYA AND PALANA CIRCLE,
-2-
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RFA No. 1586 of 2022
C/W RFA No. 1703 of 2019
BENGALURU POWER SUPPLY BOARD LTD.,
O AND M CIRCLE,
OLD KOTHITHOP ROAD,
TUMAKURU, TUMAKURU DISTRICT-572101
...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
20.04.2019 PASSED IN OS No.164/2017 ON THE FILE OF THE
ADDL. SENIRO CIVI JUDGE AND CJM, TUMAKURU, PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
IN R.F.A.NO. 1703/2019
BETWEEN:
SUPERINTENDENT ENGINEER (ELE)
KARYA AND PALANA CIRCLE,
BENGALURU POWER SUPPLY BOARD LTD.,
O AND M CIRCLE,
OLD KOTHITHOP ROAD,
TUMAKURU,
TUMAKURU DISTRICT-572101
...APPELLANT
(BY SRI H.V. DEVARAJU, ADVOCATE)
AND:
1. SHARADAMMA
W/O LATE SHIVANNA NAIKA,
AGED ABOUT 30 YEARS,
2. NITHIN
S/O LATE SHIVANNA NAIKA,
AGED ABOUT 10 YEARS,
3. NAYANA
S/O LATE SHIVANNA NAIKA,
-3-
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RFA No. 1586 of 2022
C/W RFA No. 1703 of 2019
AGED ABOUT 8 YEARS,
RESPONDENT NOS.2 AND 3 ARE THE
MINORS REPRESENTED BY
GUARDIAN RESPONDENT NO.1
ALL ARE RESIDING AT
ARASAAPURA THANDA VILLAGE,
ARASAPURA POST,
HOLAVANAHALLI HOBLI,
KORATAGERE TALUK,
TUMAKURU DISTRICT-572101
...RESPONDENTS
(BY SRI GIRISH B BALADARE, ADVOCATE)
***
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE
1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
20.04.2019 PASSED IN OS No.164/2017 ON THE FILE OF THE
ADDL. SENIOR CIVI JUDGE AND CJM, TUMAKURU, PARTLY
DECREEING THE SUIT FOR RECOVERY OF DAMAGES.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both these appeals arise out of the impugned judgment and
decree dated 20.04.2019 passed in O.S No.164/2017 by the Addl.
Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed
seeking compensation against the respondent - defendant by the
appellants - plaintiffs, who are wife and children of the deceased
Shivanna Naika, who died on account of electrocution, was partly
decreed by the trial Court. By the impugned judgment and decree,
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the trial Court declared that the plaintiffs were entitled to a sum of
Rs.5,90,000/- together with interest @ 6%PA from the date of suit
till payment from the respondent - defendant Authority.
2. RFA No.1586/2022 is preferred by the appellants -
plaintiffs seeking enhancement of the compensation, while RFA
No.1703/2019 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 wife and minor children of the
deceased Shivanna Naika, who died due to electrocution on
25.06.2014 at about 7.30 a.m., when he climbed banyan tree for
cutting leaves for fodder to cattle, which was situated by the side of
Ashwath Katte, Arasapura Thanda Village, Holavanahalli Hobli,
Koratagere Taluk, Tumkur District, he came in contact with the
loosely hand electric wire due to the negligent act of the
respondent - defendant.
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5. The respondent - defendant having contested the suit,
the appellants - plaintiffs examined plaintiff No.1 as PW-1 and
Exs.P1 to P10 were marked. An Official of BESCOM was
examined as DW-1 on behalf of the respondent - defendant and no
documents were marked.
6. After hearing the parties, the trial Court came to the
conclusion that the demise of Shivanna Naika 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.5,90,000/- 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 Shivanna Naika 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
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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 this circumstances, the compensation payable
in favour of appellants - plaintiffs is re-worked as under:
The trail court has awarded
compensation : Rs.5,90,000/-
The appellants claims the
compensation as under as per
Karnataka Legal Service Committee
the Income to be taken the
accident year 2014 : Rs.8,500/-
40% future prospectus to be
added to the total income : Rs.3,400/-
Total income : Rs.11,900/-
1/3rd income to be deducted
towards personal expenses. : Rs. 3,967/-
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Annual Income comes to
(Rs.7,933x12x15) : Rs.14,27,940/-
Funeral expenses : Rs.15,000/-
Towards Estate : Rs.15,000/-
Filial Consortium:
Wife : 40,000/-
Son : 30,000/-
Daughter: 30,000/-
Total : : Rs.1,00,000/-
------------------
Rs.15,57,940/-
Compensation awarded by
trail court : Rs.5,90,000/-
Balance amount
(Rs.15,57,940 - Rs.5,90,000) : Rs.9,67,940/-
Amount already paid to appellants : Rs. 3,60,000/-
Enhanced amount entitled
by appellants : Rs.6,07,940/-
9. Accordingly, the appellants-plaintiffs are entitled for
additional enhanced compensation in a sum of Rs.6,07,940/- 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) RFA No.1586/2022 filed by the appellants - plaintiffs is
partly allowed.
(ii) RFA No.1703/2019 is hereby dismissed.
(ii) The impugned judgment and decree dated 20.04.2019
passed in O.S.No.164/2017 by the trial court is hereby modified.
(iii) The appellants - plaintiffs are entitled to additional
enhanced compensation of Rs.6,07,940/- 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.
(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
VK/SRL
