Karnataka High Court

The Section Officer vs Geeta @ Sujaya W/O. Bharatesh Danoli on 30 May, 2024

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                                                            NC: 2024:KHC-D:7231
                                                               WP No. 85247 of 2013
                                                          C/W WP No. 114580 of 2015



                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 30TH DAY OF MAY, 2024
                                                 BEFORE
                           THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                              WRIT PETITION NO. 85247 OF 2013 (GM-RES)
                                                  C/W
                                  WRIT PETITION NO. 114580 OF 2015


                      IN W.P.NO.85247/2013
                      BETWEEN:
                      1.   THE SECTION OFFICER
                           HESCOM, AINAPUR,
                           DIST: BELGAUM.

                      2.   ASST. EXECUTIVE ENINGEER (ELE),
                           O & M DIVISION, HESCOM,
                           ATHANI, DIST: BELGAUM.

                      3.   THE MANAGING DIRECTOR,
                           HESCOM, EUREKA TOWER,
                           HUBLI, DIST: DHARWAD.
                                                                       ...PETITIONERS
YASHAVANT
NARAYANKAR
                      (BY SRI. G.I. GACHCHINAMATH, ADVOCATE)
Digitally signed by
YASHAVANT
NARAYANKAR
                      AND:
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD BENCH         1.   SMT. GEETA @ SUJATA W/O. BHARATESH DANOLI ,
                           AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
                           R/O. BANAJAWAD, TQ: ATHANI,
                           DIST: BELGAUM.

                      2.   PRAGATI D/O. BHARATESH DANOLI ,
                           AGE: 08 YEARS, OCC: STUDENT,
                           R/O. BANAJAWAD, TQ: ATHANI,
                           DIST: BELGAUM.

                      3.   PRAJOT S/O. BHARATESH DANOLI ,
                           AGE: 06 YEARS, OCC: STUDENT,
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                                        NC: 2024:KHC-D:7231
                                           WP No. 85247 of 2013
                                      C/W WP No. 114580 of 2015



     SINCE RESPONDENT NO. 2 & 3 ARE MINORS
     R/BY THEIR NATURAL MOTHER RESPONDENT NO.1

4.   SMT. CHANDRABAI W/O. APPU DANOLI,
     AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
     R/O. BANAJAWAD, TQ: ATHANI,
     DIST: BELGAUM.
                                                    ...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1-R4)
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
IN RESPECT OF IMPUGNED JUDGMENT AND AWARD DATED 4/9/2013
MADE IN O.P.NO.155/2012 PASSED BY THE PERMANENT LOK
ADALAT,   BELGAUM   PRODUCED      AS    ANNEXURE-A;    QUASH   THE
IMPUGNED JUDGMENT AND AWARD DATED 4/9/2013 MADE IN
O.P.NO.155/2012   PASSED   BY    THE    PERMANENT     LOK   ADALAT,
BELGAUM PRODUCED AS ANNEXURE-A BY ISSUE OF WRIT OF
CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS.


IN W.P. NO.114580/2015
BETWEEN:
1.   SMT. GEETA @ SUJATA W/O. BHARATESH DANOLI ,
     AGE: 28 YEARS, OCC: HOUSEHOLD WORK,

2.   PRAGATI D/O. BHARATESH DANOLI,
     AGE: 11 YEARS, OCC: STUDENT,

3.   PRAJOT S/O. BHARATESH DANOLI,
     AGE: 9 YEARS, OCC: STUDENT,

     PETITIONER NO.2 AND 3 ARE MINOR
     REPRESENTED BY PETITIONER NO.1
     MOTHER NATURAL GUARDIAN.
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                                            WP No. 85247 of 2013
                                       C/W WP No. 114580 of 2015



4.   SMT. CHANDRABAI W/O. APPU DANOLI,
     AGE: 73 YEARS, OCC: HOUSEHOLD WORK,
     ALL RESIDENT OF BANAJAWAD, TQ: ATHANI,
     DIST: BELAGAVI.
                                                      ...PETITIONERS
(BY SRI. VITTHAL S. TELI, ADV)
AND:
1.   THE SECTION OFFICER,
     HESCOM AINAPUR,
     DIST: BELAGAVI.

2.   ASSISTANT EXECUTIVE ENGINEER(ELE),
     O AND M DIVISION, HESCOM, ATHANI,
     DIST: BELAGAVI.

3.   THE MANAGING DIRECTOR,
     HESCOM, EUREKA TOWER,
     HUBBALLI, DIST: DHARWAD.
                                                     ...RESPONDENTS
(BY SRI. G.I. GACHHINAMATH, ADV. FOR R1-R3)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER MODIFYING THE
JUDGMENT     AND    AWARD        DATED:04.09.2013,     PASSED    IN
OP.NO.155/2012,    PASSED   BY    THE    PERMANENT    LOK   ADALAT,
BELAGAVI, VIDE ANNEXURE-A AND PLEASED TO AWARD JUST
COMPENSATION.


       THESE PETITIONS COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT MADE THE FOLLOWING:
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                                      NC: 2024:KHC-D:7231
                                         WP No. 85247 of 2013
                                    C/W WP No. 114580 of 2015



                             ORDER

One Bhartesh Danoli while carrying out the

agricultural work in the land owned by him bearing

Sy.No.32/3 came in contact with a live electric wire which

was lying in the land owned by him. Getting in contact

with the said live electric wire, he died on the spot on

account of electrocution.

2. The petitioners in W.P.No.114580/2015 filed

claim petition before the permanent Lok Adalath, Belagavi

(hereinafter referred to as 'the Tribunal for short) in

O.P.No.155/2012. The HESCOM contested the petition and

filed objections. The Tribunal having answered issue No.1

in the affirmative held that legal heirs of the deceased

have succeeded in substantiating that death of the

deceased Bharatesh was on account of negligent act of

respondent/HESCOM.

3. While determining the compensation, the

Tribunal placed reliance on the judgment of the Hon'ble

Apex Court in Sarla Verma vs Delhi Transport

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Corporation & Another reported in AIR 2009 SC 3104

and also ratio laid down by this court in Fareeda vs

Venkata Reddy reported in 2012 Kant. M.A.C.64

(Kant.). Referring to these judgments, while determining

the loss of dependency, the Tribunal assessed the income

of the deceased at Rs.54,000/- p.a. and by applying

multiplier of '16' awarded compensation of Rs.8,64,000/-

under the head loss of dependency. The Tribunal has also

awarded Rs.47,000/- under other conventional heads.

4. Feeling aggrieved by the inadequate

compensation determined by the Tribunal, the legal heirs

of Bharatesh have filed W.P.No.114580/2015. The

HESCOM questioning the quantum have also filed

W.P.No.85247/2013.

5. Heard the learned counsel for the petitioners,

learned counsel for the respondents/HESCOM and perused

the material on record. I have also given my anxious

consideration to the finding recorded by the Tribunal.

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6. The HESCOM has taken a defence that

deceased also contributed to the accident and alleged that

he was negligent. The Tribunal while assessing the

material on record and in the absence of rebuttal evidence

let in by HESCOM recorded a categorical finding that

HESCOM officials were negligent and death occurred only

on account of gross negligence on the part of the

HESCOM. The finding recorded by the Tribunal does not

warrant any indulgence at the hands of this court.

7. The Tribunal placed reliance on the judgment

rendered by the Hon'ble Apex Court in Sarla Verma

(supra) and the judgment rendered by this court in

Fareeda (supra). While determining the quantum, as

rightly pointed out by the learned counsel for the

claimants, the loss of dependency has to be determined by

placing reliance on the latest judgment of the Hon'ble

Apex Court in National Insurance Co.Ltd., vs. Pranay

Sethi reported in (2017) 16 SCC 680 and Magma

General Insurance Company Ltd., vs Nanuram

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reported in SCC (2018) 130. Since there is no direct

evidence to substantiate the actual income the deceased,

this court has to follow the chart prepared by the Lok

Adalath in the absence of the proof of income. The

accident is of the year 2012. The income of the deceased

is notionally assessed at Rs.6,500/- p.m. The future

prospects has to be awarded in the light of the law laid by

the Hon'ble Apex Court in Pranay Sethi's case (supra).

The age of the deceased was 34 years and the future

prospects has to be added at 40% of the notional income,

which works out to Rs.2,600/-. Therefore, the total income

of the deceased is assessed at Rs.9,100/- and after

deducting 1/4th, the compensation payable under the head

loss of dependency works out to Rs.13,10,400/-.

8. The deceased is survived by four dependents.

In the light of the principles laid by the Hon'ble Apex Court

in the case of Magma General Insurance Company

(supra), there being four dependents, each dependent is

entitled to Rs.40,000/- towards loss of consortium, filial

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love and affection. The claimants are also entitled for

Rs.30,000/- towards funeral expenses and loss of estate.

The total compensation payable under other conventional

heads works out to Rs.1,90,000/-.

9. Accordingly, the total compensation to which

the claimants are entitled to is reassessed at

Rs.15,00,400/-.

10. For the foregoing reasons, I pass the following:

ORDER

i) The W.P.No.114580/2015 filed by the

petitioner-claimants is allowed in part.

ii) The claimants are entitled to total

compensation of Rs.15,00,400/-, which

shall carry interest at the rate of 6% per

annum from the date of petition till

realization.