The High Court allowed an appeal partly, modifying a trial court decree to enhance compensation from Rs. 4,34,000 to Rs. 13,54,528 for the electrocution death of the deceased, applying principles from motor accident cases for quantum.
Enhanced compensation of Rs. 9,20,528/- payable by the respondent along with 6% interest from the date of suit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.1664 OF 2021 (RES)
BETWEEN:
(APPELLANTS NO.2 IS MINOR REPRESENTED BY MINOR GUARDIAN APPELLANT NO.1)
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT HIPPEMARADHODDI VILLAGE KOOTAKAL HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT-571 511.
(BY SRI GIRISH B. BALADARE, ADVOCATE)
AND:
…APPELLANTS
SUPERINTENDENT ENGINEER KARYA & PALANA CIRCLE BESCOM O AND M CIRCLE OLD KOTHITHOPU ROAD TUMAKURU TUMAKURU DISTRICT-572 101.
…RESPONDENT
(BY SRI H.V. DEVARAJU, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CPC., PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 11.02.2019 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM., AT TUMAKURU IN O.S.NO.124/2017 AND ENHANCE THE COMPENSATION AS PRAYED WITH INTEREST IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises out of the impugned judgment and decree dated 11.02.2019 passed in O.S.No.124/2017 by the Addl. Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed seeking compensation against the respondent/defendant by the appellants/plaintiffs, wife and daughter of deceased Srinivas on account of electrocution, was partly decreed by the trial Court. By the impugned judgment and decree, the trial court declared that the plaintiffs were entitled to a sum Rs.4,34,000/- together with interest @ 6% p.a. from the date of suit till payment from the respondentdefendant Authority.
NC: 2023:KHC:44113 RFA No. 1664 of 2021
the appellants/plaintiffs together with interest @ 6% p.a. from the date of suit till payment from the respondent/defendant Authority.
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 Srinivas 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 NATIONAL INSURANCE COMPANY LIMITED vs PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680; SARLA VERMA vs DELHI TRANSPORT COPORATION reported in AIR 2009 SC 3104 and MAGMA GENERAL INSURANCE COMPANY LIMITED vs NANU RAM ALIAS CHUHRU RAM AND OTHERS reported in (2018 ACJ 2782 (SC) ) . The said principle directing payment of compensation in electrocution related death cases has been followed by the Division Bench of this Court in the case of EXECUTIVE ENGINEER (ELE) AND ANOTHER vs SMT D.V. BHAGYA AND ANOTHER in RFA No.493/2019 - DD 17.02.2020 .
NC: 2023:KHC:44113 RFA No. 1664 of 2021
8. Under this circumstances, the compensation payable
in favour of appellants/plaintiffs is to be worked as under:
| The trial court has awarded | |
|---|---|
| compensation | : 4,34,000/- |
| The appellants claims the |
|
| compensation as under as per |
|
| Karnataka Legal Service Committee |
|
| the income to be taken the accident year 2012 |
: 7,000/- |
| 40% future prospectus to be added total income |
: 2,800/- |
| Total income | : 9,800/- |
| 1/3 income to be deducted towards personal expenses. |
: -3,266/- |
| Annual Income comes to | |
| 6,534x12x16 |
: 12,54,528-00 |
| Funeral expenses | : 15,000-00 |
| Towards Estate | : 15,000-00 |
| Filial Consortium: Wife =40,000 |
|
| Daughter=30,000 | :70,000-00 |
| Total : | :13,54,528-00 |
| Compensation awarded by | |
| trial court | : 4,34,000-00 |
| Balance amount |
: 9,20,528-00 |
The appellants are entitle for total compensation Rs.13,54,528/as against Rs.4,34,000/and enhanced compensation of Rs.9,20,528/- with 6%
interest from the date of petition/suit till realization or deposit.
The appellants are not entitled for the interest during the delayed period."
Registry to draw decree accordingly.
hkh.
Sd/JUDGE
2 issues framed by the court
Whether the compensation awarded by the trial court deserves to be enhanced considering the notional income of the deceased.
Whether the enhanced compensation should be calculated using principles analogous to motor vehicle accident cases.
Colour shows how this judgement treated each authority
National Insurance Company Limited vs Pranay Sethi and OthersReferred¶32
National Insurance Company Limited vs Pranay Sethi and Others reported in (2017) 16 SCC 680 · Who else cites this
Sarla Verma vs Delhi Transport CorporationReferred¶32
Sarla Verma vs Delhi Transport Corporation reported in AIR 2009 SC 3104 · Who else cites this
Magma General Insurance Company Limited vs Nanu Ram alias Chuhru Ram and OthersReferred¶32
Magma General Insurance Company Limited vs Nanu Ram alias Chuhru Ram and Others reported in (2018 ACJ 2782 (SC))
Executive Engineer (Ele) and Another vs Smt D.V. Bhagya and AnotherFollowed¶32
Executive Engineer (Ele) and Another vs Smt D.V. Bhagya and Another in RFA No.493/2019
1 provisions across 1 enactments
Pushpa W/O Late Srinivas
Deekitha S/O Late Srinivas
Superintendent Engineer Karya
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
