Partly allowed

Susheela v. Superintendent Engineer

Karnataka HC18 Dec 2023RFA/1704/2022

Case brief

AI extract

What is this about?

This judgment enhances compensation awarded in a suit arising from electrocution death. The High Court applied principles from motor vehicle accident cases to recalculate damages, allowing additional compensation to the deceased's dependents while dismissing the defendant's appeal.

What did the court decide?

Additional enhanced compensation of Rs. 6,22,056 payable with 6% p.a. interest from date of suit. Impugned decree modified.

Susheela Vs Superintendent Engineer — Contract and Commercial Disputes | Karnataka HC (2023)

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NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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REGULAR FIRST APPEAL NO. 1704 OF 2022 (RES)

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C/W

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REGULAR FIRST APPEAL NO. 212 OF 2022(RES)

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IN RFA No.1704/2022:

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BETWEEN:

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SUSHEELA W/O LATE CHANNAVEERAIAH AGED ABOUT 38 YEARS.

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NAGARATHNA D/O LATE CHANNAVEERAIAH AGED ABOUT 17 YEARS.

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VEERABHADRAIAH S/O LATE CHANNAVEERAIAH AGED ABOUT 14 YEARS.

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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2^ND AND 3^RD PLAINTIFFS ARE MINORS REPRESENTED BY NATURAL GUARDIAN 1^ST PLAINTIFF ALL ARE R/O KABBINADA SETHUVE

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(K. B. S PALYA, CHIKKONAHALLI POST KASABA HOBLI, GUBBI TALUK TUMAKURU 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 - 572 101.

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…RESPONDENT

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(BY SRI H V DEVARAJU, ADVOCATE)

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2 - NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.11.2021 PASSED IN OS No.563/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR DAMAGES AND ETC.,

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IN RFA No.212/2022:

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BETWEEN:

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SUPERINTENDING ENGINEER(ELE) BESCOM

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O & M CIRCLE, OLD KOTHITHOPU ROAD TUMAKURU - 572 102.

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…APPELLANT

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(BY SRI H V DEVARAJU, ADVOCATE)

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AND:

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SMT. SUSHEELA W/O LATE CHANNAVEERAIAH PRESENTLY AGED ABOUT 39 YEARS.

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NAGARATHNA D/O LATE CHANNAVEERAIAH PRESENTLY AGED ABOUT 18 YEARS.

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VEERABHADRAIAH S/O LATE CHANNAVEERAIAH PRESENTLY AGED ABOUT 15 YEARS.

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RESPONDENT No.3 BEING THE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN, SMT. SUSHEELA.

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RESPONDENTS 1 TO 3 ARE RESIDING AT KABBINADA SETHUVE K.B.S.PALYA, CHIKKONAHALLI POST KASABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 216.

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…RESPONDENTS

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(BY SRI GIRISH B BALADHRE, ADVOCATE)

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3 - NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.11.2021 PASSED IN OS No.563/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR DAMAGES AND ETC.,

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

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JUDGMENT

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Both these appeals arise out of the impugned judgment and decree dated 10.11.2021 passed in O.S No.563/2019 by the Addl. Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed seeking compensation against the respondent - defendant by the appellants - plaintiffs, who are wife and children of the deceased Channaveeraiah, who died 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 of Rs.10,48,000/- together with interest @ 6% PA from the date of suit till payment from the respondent - defendant Authority.

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RFA No.1704/2022 is preferred by the appellants - plaintiffs seeking enhancement of the compensation, while RFA No.212/2022 is preferred by the respondent – defendant for setting aside the impugned judgment and decree passed by the trial Court.

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4 - NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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Heard learned counsel for the appellants and learned

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counsel for the respondent and perused the material on record.

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A perusal of the material on record will indicate that appellants - plaintiffs are the wife and minor children of the deceased Channaveeraiah, who died due to electrocution on 12.03.2017 at about 12.30 p.m., when he was plucking the betel leaves, in Sy.No.29 of Kabbinadasethuve Palya, Kasaba Hobli, Gubbi Taluk, he came in contact with the laying electric live wire and received an electric shock 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 Channaveeraiah was on account of negligence on the part of BESCOM Authorities and consequently, answered Issue Nos.1 and 2 in favour of the appellants - plaintiffs.

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NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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Insofar as quantum of damages are concerned, the trial court awarded a sum of Rs.10,48,000/- in favour of the appellants - plaintiffs together with interest @ 6% PA from the date of suit till the date of payment from the respondent - defendant Authority.

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Upon re-appreciation, re-evaluation and

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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 Channaveeraiah 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

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NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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ENGINEER (ELE) AND ANOTHER vs SMT D.V. BHAGYA AND

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ANOTHER - RFA No.493/2019 - DD 17.02.2020 .

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Under this circumstances, the compensation payable

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in favour of appellants - plaintiffs is re-worked as under:

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The trail Court has awarded compensation : Rs.10,48,000/- The appellants claims the compensation as under as per Karnataka Legal Service Committee the Income to be taken the accident year 2017 : Rs.11,000/25% future prospectus to be added to the total income : Rs.2,750/- Total income : Rs.13,750/- 1/3^rd income to be deducted towards personal expenses. : - Rs. 4,583/Annual Income comes to (Rs.9,167x12x14) : Rs.15,40,056/- Funeral expenses : Rs.15,000/Towards Estate : Rs.15,000/Filial Consortium:

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Wife : 40,000/Son : 30,000/Daughter: 30,000/Total : : Rs.1,00,000/------------------ Rs.16,70,056/-

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7 - NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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Compensation awarded by trail Court : Rs.10,48,000/Balance amount (Rs.16,70,056 - Rs.10,48,000) : Rs. 6,22,056/Amount already paid to appellants : Rs. NIL Enhanced amount entitled by appellants : Rs.6,22,056/-

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Accordingly, the appellants-plaintiffs are entitled for

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additional enhanced compensation in a sum of Rs.6,22,056/- as against the amount awarded by the trial Court with 6% p.a. 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) RFA No.1704/2022 filed by the appellants – plaintiffs is

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partly allowed.

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(ii) RFA No.212/2022 is hereby dismissed.

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(iii) The impugned judgment and decree dated 10.11.2021

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passed in O.S.No.563/2019 by the trial Court is hereby modified.

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8 - NC: 2023:KHC:45976 RFA No. 1704 of 2022 C/W RFA No. 212 of 2022

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(iv) The appellants - plaintiffs are entitled to additional

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enhanced compensation of Rs.6,22,056/- payable by the respondent - defendant to the appellants - plaintiffs together with interest at the rate of 6% PA from the date of suit till the date of payment.

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(v) The appellants - plaintiffs would not be entitled to the interest for the delayed period in the appeal.

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The amount in deposit is directed to be transferred to the trial

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Court for disbursement.

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Registry to draw decree accordingly.

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Sd/-

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JUDGE