Partly allowed

The Superintending Engineer (Ele) v. Smt Nagarathnamma

Karnataka HC14 Dec 2023RFA/1891/2018

Case brief

AI extract

What is this about?

The High Court enhanced compensation awarded to plaintiffs for the electrocution death of their relative, applying motor vehicle accident compensation principles. The court modified the trial decree, granting an additional sum to the plaintiffs while dismissing the defendant's appeal.

What did the court decide?

Additional enhanced compensation of Rs.4,46,550/- granted to plaintiffs with interest from date of suit, trial court decree modified, defendant's appeal dismissed.

The Superintending Engineer (Ele) Vs Smt… — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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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.1891 OF 2018 (RES)

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C/W

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REGULAR FIRST APPEAL NO. 2342 OF 2023 (RES)

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IN RFA NO. 1891/2018:

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BETWEEN:

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THE SUPERINTENDING ENGINEER (ELE), BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, O & M CIRCLE, OLD KOTHITHOPU ROAD, TUMAKURU - 572 101.

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…APPELLANT

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

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AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SMT. NAGARATHNAMMA, W/O LATE H.V. SRINIVASAMURTHY, AGED ABOUT 41 YEARS,

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SRI. DHARANESH, S/O LATE H.V. SRINIVASAMURTHY, AGED ABOUT 21 YEARS,

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YASHASWINI, D/O LATE H.V. SRINIVASAMURTHY, AGED ABOUT 18 YEARS,

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ALL ARE RESIDING AT HONNUDIKE VILLAGE, GULUR HOBLI, TUMAKURU TALUK AND DISTRICT - 572 101.

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…RESPONDENTS (BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1 TO R3)

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2 - NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.07.2018 PASSED IN OS NO.23/2018 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM., TUMAKURU PARTLY DECREEING THE SUIT FOR DAMAGES.

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IN RFA NO.2342/2023:

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BETWEEN:

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SMT. NAGARATHNAMMA, W/O LATE H.V. SRINIVASAMURTHY, AGED ABOUT 46 YEARS,

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DHARANESH, S/O LATE H.V. SRINIVASAMURTHY, AGED ABOUT 26 YEARS,

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YASHASWINI, D/O LATE H.V. SRINIVASAMURTHY, AGED ABOUT 23 YEARS,

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ALL THE APPELLANTS ARE R/O HONNUDIKE VILLAGE, GULUR HOBLI, TUMAKURU TALUK AND 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 & 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 R/W ORDER 41 RULE 1 OF CPC., AGAINST JUDGMENT AND DECREE DATED 06.07.2018 PASSED IN OS NO.23/2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREED THE SUIT FOR DAMAGES.

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

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3 - NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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JUDGMENT

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Both these appeals arise out of the impugned judgment and decree dated 06.07.2018 passed in O.S No.23/2018 by the Prl. Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed seeking compensation against the defendant by the plaintiffs, who are wife and children of the deceased H.V.Srinivasamurthy, who died on account of electrocution on 11.05.2016, 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.10,13,338/- together with interest at 6% per annum from the date of the suit till realization.

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RFA No.2342/2023 is preferred by the plaintiffs seeking enhancement of compensation awarded by the Trial Court while RFA No.1891/2018 is preferred by the defendant challenging the impugned judgment and decree passed by the Trial Court.

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Heard learned counsel for the appellant/s and learned counsel for the respondent/s 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

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4 - NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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H.V.Srinivasamurthy, who died due to electrocution on 11.05.2016

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in between 10.30 A.M. and 12.30 P.M., when he was plucking the betel leaves by using 15ft wooden ladder, which was situated at Kallaiahnapalya, Tumkur District, and due to the said Arecanut tree came in contact with the electrical high tension wire he also came in contact with the high tension wire due to the negligent act of the respondent - defendant.

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The defendant having contested the suit, the plaintiffs examined plaintiff No.1 as PW-1 on behalf of them and documents at Exs.P1 to P7 were marked. An Official of BESCOM was examined as DW-1 on behalf of the 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 H.V.Srinivasamurthy was on account of negligence on the part of BESCOM Authorities and consequently, answered Issue Nos.1 to 4 in favour of the plaintiffs. Insofar as quantum of damages are concerned, the Trial Court awarded a sum of Rs.10,13,338/- 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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5 - NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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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 H.V.Srinivasamurthy 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

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: Rs. 10,13,338/-

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6 - NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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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 2011 : Rs.9,500/40% future prospectus to be added to the total income : Rs.2,375/- Total income : Rs.11,875/- 1/3^rd income to be deducted towards personal expenses. : Rs. 3,959/Annual Income comes to (Rs.7,916x12x14) : Rs.13,29,888/- Funeral expenses : Rs.15,000/Towards Estate : Rs.15,000/Filial Consortium: Wife : 40,000/Son : 30,000/Daughter: 30,000/Total : : Rs.1,00,000/------------------ Rs.14,59,888/- Compensation awarded by Trail Court : Rs.10,13,338/Balance amount (Rs.14,59,888 - Rs.10,13,338) : Rs.4,46,550/- Enhanced amount entitled by appellants : Rs.4,46,550/-

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7 - NC: 2023:KHC:45626 RFA No. 1891 of 2018 C/W RFA No. 2342 of 2023

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Accordingly, the appellants-plaintiffs are entitled for additional enhanced compensation in a sum of Rs.4,46,550/- 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) RFA No.2342/2023 filed by the plaintiffs is partly

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allowed.

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(ii) RFA No.1891/2018 filed by the defendants is hereby dismissed.

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(iii) The impugned judgment and decree dated 06.07.2018 passed in O.S.No.23/2018 by the Trial Court is hereby modified.

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(iv) The appellants – plaintiffs in RFA No.2342/2023 are entitled to additional enhanced compensation of Rs.4,46,550/- 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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