Partly allowed

G C Jayamma v. Superintendent Engineer

Karnataka HC14 Dec 2023RFA/167/2022

Case brief

AI extract

What is this about?

This regular first appeal concerns compensation awarded for the electrocution death of Krishnegowda. The High Court found the trial court's award insufficient and enhanced the compensation by applying principles from motor accident cases and notional income calculations. The appeal was partly allowed.

What did the court decide?

Additional enhanced compensation of Rs.2,92,940/- payable to the appellants with 6% interest from the date of suit.

G C Jayamma Vs Superintendent Engineer — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:45585 RFA No. 167 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.167 OF 2022 (RES)

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BETWEEN:

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G.C. JAYAMMA, W/O LATE KRISHNEGOWDA, AGED ABOUT 40 YEARS,

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S.K. MEGHANA, D/O LATE KRISHNEGOWDA, AGED ABOUT 21 YEARS,

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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S.K. RASHMITHA, D/O LATE KRISHNEGOWDA, AGED ABOUT 19 YEARS,

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ALL ARE RESIDING AT SHETTIPURA GRAMA, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101.

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…APPELLANTS

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(BY SRI. GIRISH B. BALADARE, ADVOCATE)

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AND:

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SUPERINTENDENT ENGINEER, BESCOM, O AND M CIRCLE, OLD KOTHITHOPU ROAD, TUMAKURU, TUMKURU DISTRICT - 572 101.

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…RESPONDENT

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(BY SRI. H.V. DEVARAJU, ADVOCATE)

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THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.07.2017 PASSED IN OS.NO.137/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, PARTLY DECREEING THE SUIT FOR DAMAGES.

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NC: 2023:KHC:45585 RFA No. 167 of 2022

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THIS APPEAL, COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal arise out of the impugned judgment and decree dated 13.07.2017 passed in O.S.No.137/2016 by the III Addl. Senior Civil Judge and JMFC, Tumakuru, whereby the said suit filed seeking compensation against the defendant by the plaintiffs, who are wife and children of the deceased Krishnegowda, who died on account of electrocution on 30.04.2014, was partly decreed by the trial Court in favour of the plaintiffs. By the impugned judgment and decree, the trial Court directed the defendants to pay a sum of Rs.12,65,000/- together with interest at 6% per annum from the date of the suit till realization.

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This appeal is preferred by the plaintiffs seeking enhancement of compensation awarded by the Trial Court.

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Heard learned counsel for the appellants and learned counsel for the respondent and perused the material on record.

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A perusal of the material on record will indicate that plaintiffs are the wife and children of the deceased Krishnegowda, who died due to electrocution on 30.04.2014 at about 3.00 p.m.,

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3 - NC: 2023:KHC:45585 RFA No. 167 of 2022

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while irrigating the sugar cane crop in the field at Shettipura Village, he came in contact with the laying electric live wire which was break down from the electric pole, due to the negligent act of the respondent – defendant.

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The respondent – defendant having contested the suit, the appellants – plaintiffs examined plaintiff No.1 as PW-1 and Exs.P1 to P6 were marked. An Official of BESCOM was examined as DW-1 on behalf of the respondent – defendant and no documents were marked.

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After hearing the parties, the trial Court came to the conclusion that the demise of Krishnegowda was on account of negligence on the part of BESCOM Authorities and consequently, answered Issue Nos.1, 2 and 3 in favour of the appellants – plaintiffs. Insofar as quantum of damages are concerned, the trial Court awarded a sum of Rs.12,65,000/- in favour of the appellants – plaintiffs together with interest @ 6% per annum from the date of suit till the date of payment from the respondent – defendant Authority.

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4 - NC: 2023:KHC:45585 RFA No. 167 of 2022

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Upon re-appreciation, re-evaluation and re-

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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 Krishnegowda 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 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 .

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Under these circumstances, the compensation payable in favour of appellants – plaintiffs is re-worked as under:

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The trail Court has awarded compensation : Rs.12,65,000/-

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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/- 1/3^rd income to be deducted towards personal expenses. : Rs. 3,967/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/Daughter: 30,000/Daughter: 30,000/Total : : Rs.1,00,000/-------------------- Rs.15,57,940/- Compensation awarded by trail court : Rs.12,65,000/Balance amount (Rs.15,57,940 - Rs.12,65,000) : Rs.2,92,940/- Enhanced amount entitled by appellants : Rs.2,92,940/-

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NC: 2023:KHC:45585 RFA No. 167 of 2022

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Accordingly, the appellants-plaintiffs are entitled for

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additional enhanced compensation in a sum of Rs.2,92,940/- as against the amount awarded by the trial Court with 6% per annum from the date of petition / suit till realization or deposit.

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In the result, I pass the following:-

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ORDER

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(i) Appeal in RFA No.167/2022 filed by the plaintiffs is partly allowed.

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(ii) The impugned judgment and decree dated 13.07.2017 passed in O.S.No.137/2016 by the trial Court is hereby modified.

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(iii) The appellants - plaintiffs are entitled to additional enhanced compensation of Rs.2,92,940/- payable by the defendant to the plaintiffs together with interest at the rate of 6% per annum from the date of suit till the date of payment.

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(iv) The appellants – plaintiffs would not be entitled to the interest for the delayed period in preferring the appeal.

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(v) The amount in deposit, if any, is directed to be

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transferred to the Trial Court for disbursement.

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NC: 2023:KHC:45585 RFA No. 167 of 2022

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(vi) Registry to draw decree accordingly.

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