Appeal against judgment decreeing compensation for electrocution death death. High Court enhanced compensation from Rs.4,82,000 to Rs.15,01,344 following principles used in motor accident cases and a prior Division Bench decision, adding interest from suit date but denying interest for the delayed appeal period.
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NC: 2023:KHC:44113 RFA No. 1961 of 2021
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. 1961 OF 2021(RES)
BETWEEN:
BOTH ARE R/O. KEMPANAHALLI VILLAGE KASABA HOBLI, SIRA TALUK TUMKUR DISTRICT-572 101.
…APPELLANTS
(BY SRI GIRISH B. BALADARE, ADVOCATE)
AND:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
SUPERINTENDENT ENGINEER KARYA & PALANA CIRCLE BENGALURU POWER SUPPLY BOARD LTD., O AND M CIRCLE, OLD KOTHITHOPU ROAD TUMAKURU-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 08.02.2019 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM., AT TUMAKURU IN O.S.NO.492/2017 AND ENHANCE THE COMPENSATION AS PRAYED WITH INTEREST IN THE INTEREST OF JUSTICE AND EQUITY.
NC: 2023:KHC:44113 RFA No. 1961 of 2021
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 08.02.2019 passed in OS.No.492/2017 by the Additional Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed seeking compensation against the respondent/defendant by the appellants/plaintiffs, parents of deceased Manjunatha 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.4,82,000/- together with interest @ 6% p.a. from the date of suit till payment from the respondent/defendant Authority.
p.m., when he was grazing the sheep near the agricultural land of Beeranna of Kempanahalli Village, Kasaba Hobli, Sira Taluk, Tumakuru District, he came in contact with electrical wire which was fallen on the ground cut off from the transformer and died due to electrocution on the way to the hospital and due to the negligent act of the respondent/defendant.
7. Upon re-appreciation, re-evaluation and
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 Manjunatha 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. 1961 of 2021
The trial court has awarded compensation : 4,82,000/-
| The appellants claim the | |
|---|---|
| compensation as under as per | |
| Karnataka Legal Services 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 | |
| 6,534x12x18 : |
14,11,344-00 |
| Funeral expenses : |
15,000-00 |
| Towards Estate : |
15,000-00 |
| Filial Consortium:2x30,000/- : |
__60,000-00 |
| Total : : |
15,01,344-00 |
| - | ----------------- |
| Compensation awarded by | |
| trial court : |
4,82,000-00 |
| Balance amount : |
10,19,344-00 |
The Appellants entitle for total compensation 15,01,344/- as against 4,82,000/- and enhanced compensation of Rs.10,19,344/- with 6% interest from the date of petition/suit till realization or deposit.
NC: 2023:KHC:44113 RFA No. 1961 of 2021
The appellants are not entitled for the interest during the delayed period."
impugned judgment and decree dated 08.02.2019 passed in OS.No.492/2017 by the Addl. Senior Civil Judge and CJM, Tumakuru, is modified. Appellants/plaintiffs are entitled to additional enhanced compensation of Rs.10,19,344/-, payable by the respondent/defendant to the appellants/plaintiffs together with interest at the rate of 6% p.a. from the date of suit till payment. The appellants/plaintiffs would not be entitled to interest for the delayed period in the appeal.
Registry to draw decree accordingly.
hkh.
Sd/JUDGE
2 issues framed by the court
Whether the compensation awarded by the trial court for electrocution death needs to be enhanced based on notional income and principles from motor accident cases.
What is the appropriate quantum of enhanced compensation payable to the heirs of the deceased.
Colour shows how this judgement treated each authority
National Insurance Company Limited vs Pranay Sethi and OthersRelied on¶31
National Insurance Company Limited vs Pranay Sethi and Others (2017) 16 SCC 680 · Who else cites this
Sarla Verma vs Delhi Transport CorporationRelied on¶31
Sarla Verma vs Delhi Transport Corporation AIR 2009 SC 3104 · Who else cites this
Magma General Insurance Company Limited vs Nanu Ram Alias Chuhru Ram and OthersRelied on¶31
Magma General Insurance Company Limited vs Nanu Ram Alias Chuhru Ram and Others (2018 ACJ 2782 (SC))
Executive Engineer (Ele) and Another vs Smt D.V. Bhagy and AnotherRelied on¶31
Executive Engineer (Ele) and Another vs Smt D.V. Bhagy and Another RFA No.493/2019 - DD 17.02.2020
1 provisions across 1 enactments
Rangadasappa S/o. Late G. Dasappa
Lakshmamma W/o. Rangadasappa
Superintendent Engineer Karya & Palana Circle Bengaluru Power Supply Board Ltd.
S.R.Krishna Kumar
As recorded by the court registry
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