Karnataka High Court
Jyothi vs The Karnataka Power Transmission ... on 10 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:1627-DB
RFA No. 1297 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1297 OF 2021 (RES)
BETWEEN:
1. JYOTHI
W/O LATE SHAMBHULINGAPPA
AGED ABOUT 52 YEARS
2. SUSHMA
D/O LATE SHAMBULINGAPPA
AGED ABOUT 29 YEARS
3. SHARATH
S/O LATE SHAMBULINGAPPA
AGED ABOUT 25 YEARS
ALL ARE R/O HITHLA VILLAGE
ANJANAPURA HOBLI
SHIKARIPURA TALUK
SHIVAMOGGA DIST - 577 214 ...APPELLANTS
Digitally signed by MALA
KN (BY SRI. SYED AKBAR PASHA, ADV.)
Location: HIGH COURT
OF KARNATAKA AND:
1. THE KARNATAKA POWER TRANSMISSION
CORPORATION LTD., REP. BY ITS
CHAIRMAN/MANAGING DIRECTOR KARNATAKA
POWER TRANSMISSION CORPORATION LTD.
KAVERI BHAVAN, BENGALURU-560 001
2. THE MANGALORE ELECTRICITY SUPPLY
COMPANY LTD. MANGALORE CORPORATE
OFFICE, REP. BY ITS MANAGING DIRECTOR
MANGALORE ELECTRICITY CO. LTD., PARADIGM
PLAZA, A B SHETTY CIRCLE, MANGALORE-574 142
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NC: 2024:KHC:1627-DB
RFA No. 1297 of 2021
3. THE EXECUTIVE ENGINEER
MANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED, MANGALORE O AND M
DIVISION, SHIKARIPURA, SHIVAMOGGA-577 427
4. THE DEPUTY COMMISSIONER
SHIVAMOGGA DIST., SHIVAMOGGA-577 201
...RESPONDENTS
(BY SMT. SHUBHA S. ADV. FOR R1;
SMT. PADMA S. UTTUR, ADV. FOR R2 & R3)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 15.04.2021
PASSED IN OS.No.22/2018 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, SHIKARIPURA, PARTLY DECREEING
THE SUIT FOR CLAIMING COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the plaintiffs is directed against
the judgment and decree dated 15.04.2021 in
OS No.22/2018 passed by the Senior Civil Judge and
JMFC, Shikaripura ('the Trial Court' for short).
2. For the sake of convenience, parties shall
be referred as per their status before the Trial Court.
NC: 2024:KHC:1627-DB
3. Heard Shri Syed Akbar Pasha, learned
Advocate for the appellant, Smt. S. Shubha, learned
Advocate for respondent No.1 and Smt. Padma. S.
Uttur, learned Advocate for respondents No.2 and 3.
4. Plaintiffs' case is that 1st plaintiff's husband
Shri Shambulingappa, died due to electrocution on
02.11.2016. Learned Trial Judge has decreed the
suit directing payment of Rs.12,34,200/- based on
National Insurance Co. Ltd. Vs. Pranay Sethi and
Others1.
5. Shri Syed Akbar Pasha submitted that
appellants' grievance is that interest has not been
granted on the compensation amount.
6. Smt. Shubha and Smt. Padma submit that
the total compensation works out lesser whereas
learned Trial Judge has awarded excess amount.
AIR 2017 SC 5157
NC: 2024:KHC:1627-DB
7. It is settled that in a case of this nature,
compensation has to be computed based on the
authority in Pranay Sethi's case (supra). We have
reassessed the compensation and the difference is
minimal. Learned Advocate for the appellant is right
in his submission that interest has to be awarded on
the compensation. The Trial Court has not awarded
any interest. In our considered view, it is just and
proper to award interest at 6% p.a. thereon.
Respondent No.2 has paid a sum of Rs.2.5 Lakhs,
which has to be deducted out of the compensation
amount. Learned Advocate for the appellant has no
objection. Accordingly, the following:
ORDER
(i) Appeal is allowed in part;
(ii) Decretal sum shall carry interest at
6% p.a. from the date of suit till the
date of recovery.
(iii) Compensation amount shall be
subject to deduction of Rs.2.5 Lakhs
NC: 2024:KHC:1627-DB
already paid by the respondent with
proportionate interest.
(iv) Appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
PA
CT:HS
