Karnataka High Court
Hescom Represented By vs Smt. Demavva W/O Suresh Patri on 30 May, 2024
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WP No. 113798 of 2015
C/W WP NO. 103791 OF 2016
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. 113798 OF 2015 (GM-RES)
C/W
WRIT PETITION NO.103791 OF 2016(GM-RES)
IN W.P.NO.113798/2015
BETWEEN:
1. HESCOM REPRESENTED BY
ITS MANAGING DIRECTOR, CORPORATE,
NAVA NAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
2. THE EXECUTIVE ENGINEER (ELEC),
O AND M DIVISION, HESCOM,
BELAGAVI, DIST: BELAGAVI.
3. THE ASSISTANT EXECUTIVE ENGINEER,
HESCOM LIMITED, KHANAPUR DIVISION,
KHANAPUR, DIST: BELAGAVI.
YASHAVANT
NARAYANKAR 4. THE SECTION OFFICER,
HESCOM SECTION OFFICE,
Digitally signed by
YASHAVANT
NARAYANKAR BEEDI, TQ: KHANAPUR,
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD BENCH
DIST: BELAGAVI.
...PETITIONERS
(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)
AND:
1. SMT. DEMAVVA W/O. SURESH PATRI,
AGED ABOUT 51 YEARS, OCC: HOUSEHOLD WORK,
R/O: BEEDI, TQ: KHANAPUR,
DIST: BELAGAVI.
2. SMT. DAYA @ VAISHALI W/O. VASANT PATRI,
AGED ABOUT 28 YEARS, OCC: HOUSEHOLD WORK,
R/O: BEEDI, TQ: KHANAPUR,
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C/W WP NO. 103791 OF 2016
DIST: BELAGAVI.
3. MISS VAISHNAVI D/O. VASANT PATRI,
AGED 10 YEARS, OCC: STUDENT,
R/O: BEEDI, TQ: KHANAPUR,
DIST: BELAGAVI.
4. MISS PRAJWAL D/O. VASANT PATRI,
AGED 6 YEARS, OCC: STUDENT,
R/O: BEEDI, TQ: KHANAPUR,
DIST: BELAGAVI.
5. MISS PRITHVI D/O. VASANT PATRI,
AGED 3 YEARS, OCC: STUDENT,
R/O: BEEDI, TQ: KHANAPUR,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1 & R2)
(R3-R5 ARE MINOR REPRESENTED BY R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED JUDGMENT DATED 14/15.09.2015 MADE IN
O.P.NO.99/2014 PASSED BY THE PERMANENT LOK ADALAT,
BELAGAVI PRODUCED AS ANNEXURE-A BY ISSUE OF WRIT OF
CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS.
IN W.P. NO.103791/2016
BETWEEN:
1. SMT. DEMAVVA W/O. SURESH PATRI,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
2. SMT. DAYA @ VAISHALI W/O. VASANT PATRI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
3. MISS. VAISHNAVI D/O. VASANT PATRI,
AGE: 10 YEARS, OCC: STUDENT,
4. MISS PRAJWAL D/O. VASANT PATRI,
AGE: 6 YEARS, OCC: STUDENT,
5. MISS PRITHVI D/O. VASANT PATRI,
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WP No. 113798 of 2015
C/W WP NO. 103791 OF 2016
AGE: 3 YEARS, OCC: STUDENT,
PETITIONER NO. 3 TO 5 ARE
MINORS R/BY PETITIONER NO.2 MOTHER
NATURAL GUARDIAN,
ALL ARE RESIDENT OF R/O. BEEDI,
TQ: KHANAPUR DIST: BELAGAVI.
...PETITIONERS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. HESCOM REPRESENTED BY
ITS MANAGING DIRECTOR CORPORATE,
NAVA NAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
2. THE EXECUTIVE ENGINEER (ELEC),
O AND M DIVISION, HESCOM,
BELAGAVI, DIST: BELAGAVI.
3. THE ASSISTANT EXECUTIVE ENGINEER,
HESCOM LIMITED, KHANAPUR DIVISION,
KHANAPUR, DIST: BELAGAVI.
4. THE SECTION OFFICER,
HESCOM LIMITED,
KHANAPUR DIVISION,
KHANAPUR, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. GURUDEV GACHACHINAMATH, ADV. FOR R1-R4)
(VAKALAT FILED IN R/O R1 ONLY)
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 BY THE
JUDGMENT AND AWARD DATED:14.09.2015 PASSED IN
O.P.NO.99/2014 PASSED BY THE PERMANENT LOK ADAKAT,
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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WP No. 113798 of 2015
C/W WP NO. 103791 OF 2016
ORDER
1. One Vasant Patri came into contact with a live wire and
died on account of electrocution. The petitioners in
W.P.No.103791/2016, who are the widow and children,
respectively, filed claim petition against HESCOM
(petitioner in W.P.No.113798/2015) seeking
compensation. HESCOM contested the proceedings before
the Tribunal and disputed the negligence of HESCOM
officials. The Tribunal on assessing the evidence let in by
both the parties, answered issue No.1 in affirmative and
held that the claimants have substantiated and proved
that the deceased died on account of electrocution and
this incident occurred on sole negligence on the part of
HESCOM officials. While determining the compensation,
the Tribunal relied on the judgment of the Hon'ble Apex
Court in Sarla Verma and others v. Delhi Transport
Corporation Limited and another1 and by assessing the
notional income of the deceased at Rs.8,000/- per month,
awarded Rs.12,75,000/- under the head of loss of
(2009 6 SCC 121
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dependency and awarded Rs.2,00,000/- under other
conventional heads.
2. The legal heirs of the deceased have filed the captioned
petition in W.P.No.103791/2016 feeling aggrieved by the
quantum determined by the Tribunal. HESCOM has also
filed W.P.no.113798/2015 questioning the quantum of
compensation and negligence on the part of HESCOM
officials.
3. Heard the learned counsel appearing for the claimants and
the learned counsel appearing for HESCOM and perused
the records.
4. The contention of HESCOM that the finding of the Tribunal
on negligence is erroneous cannot be acceded to. The
Tribunal, while examining the material placed on record,
has recorded a categorical finding that on account of
negligence on the part of officials of HESCOM, the
deceased on the unfortunate day of the incident came in
contact with live wire and succumbed to the injuries on the
spot. This finding of the Tribunal cannot be interfered with
for want of rebuttal evidence let in by HESCOM. Insofar as
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quantum is concerned, this Court finds that the Tribunal
has determined compensation under the head of loss of
dependency and other conventional heads by referring law
laid down by the Hon'ble Apex Court in the case of Sarla
Verma (supra). The compensation awarded needs to be
looked into in view of latest judgments rendered by the
Hon'ble Apex Court in the case of National Insurance
Company Limited v. Pranay Sethi2 and in the case of
Magma General Insurance Company Ltd., v. Nanu
Ram and others3.
5. Though the Tribunal assessed the income of the deceased
on higher side, while awarding compensation under the
head of loss of dependency, having regard to the age of
the deceased at the time of the accident, who was hardly
aged 30 years, future prospects needs to be added to the
income of the deceased in the light of the law laid down by
the Hon'ble Apex Court in the case of Pranay Sethi
(supra). Admittedly, the accident is of the year 2013 and
(2017) 16 SCC 680
(2018) SCC 130
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therefore, his notional income has to be taken assessed at
Rs.7,000/- per month and 40% of the income has to be
added towards future prospects, which would work out to
Rs.2,800/-. Accordingly, the total income is notionally
assessed at Rs.9,800/-. Since there are five dependants,
1/4th of the income has to be deducted towards personal
expenses of the deceased and therefore, the monthly
income of the deceased is taken at Rs.7,350/- which
works out to Rs.88,200/- annually. Since the deceased
was aged about 30 years at the time of the accident, the
proper multiplier applicable is '17'. Accordingly, the
compensation under the head of loss of dependency is
quantified at Rs.14,99,400/-.
6. Further, in the light of principles laid down by the Hon'ble
Apex Court in the case of Magma General Insurance
Company (supra), there being five dependents, each
claimant is entitled to Rs.40,000/- towards loss of
consortium, filial love and affection. The claimants are also
entitled for Rs.30,000/- towards funeral expenses and loss
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of estate. The total compensation payable under other
conventional heads works out to Rs.2,30,000/-.
7. Accordingly, the total compensation to which the claimants
are entitled to is reassessed at Rs.17,29,400/-.
8. For the foregoing reasons, I pass the following:
ORDER
i) The W.P.No.103791/2016 filed by the
petitioner-claimants is allowed in part.
ii) The claimants are entitled to total
compensation of Rs.17,29,400/-, which shall
carry interest at the rate of 6% per annum
from the date of petition till realization.
iii) Consequently, W.P.No.113798/2015 filed by
the HESCOM is hereby dismissed.
iv) The amount in deposit made by the HESCOM is
directed to be remitted to the Tribunal to
enable the claimants to withdraw the same.
v) In view of disposal of the petition,
I.A.No.1/2017 does not survive for
consideration.
Sd/-
JUDGE
