Partly allowed

Narasamma v. Superintendent Engineer

Karnataka HC14 Dec 2023RFA/2095/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka held that the compensation awarded by the trial court for the electrocution death of Muddaiah required re-evaluation. Following principles from motor vehicle accident cases, the Court enhanced the damages by Rs. 6,90,500/-, payable with interest from the suit date.

What did the court decide?

Additional enhanced compensation of Rs.6,90,500/- payable by the defendant to the plaintiffs with interest at 6% per annum from the date of suit.

Narasamma Vs Superintendent Engineer — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC:45639 RFA No. 2095 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.2095 OF 2023 (RES)

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BETWEEN:

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NARASAMMA, W/O LATE MUDDAIAH, AGED ABOUT 44 YEARS,

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SANNEERAIAH, S/O LATE MUDDAIAH, AGED ABOUT 23 YEARS,

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ASHA, D/O LATE MUDDAIAH, AGED ABOUT 20 YEARS,

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SOUMYA, D/O LATE MUDDAIAH, AGED ABOUT 18 YEARS,

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ALL THE APPELLANTS ARE R/O CHIKKAHEDIGEHALLI VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMKURU 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, KARYA AND PALANA CIRCLE, BENGALURU POWER SUPPLY, BOARD LTD., 'O’ & ‘M' CIRCLE, OLD KOTHITHOPU ROAD, TUMAKURU, TUMAKURU 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 THE JUDGMENT AND DECREE DATED 01.10.2021 PASSED IN OS NO.184/2019 ON THE FILE OF ADDITIONAL SENIOR CIVIL

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NC: 2023:KHC:45639 RFA No. 2095 of 2023

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JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR THE RELIEF OF COMPENSATION BY WAY OF DAMAGES.

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THIS APPEAL, COMING ON FOR FURTHER 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 01.10.2021 passed in O.S.No.184/2019 by the Addl. 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 Muddaiah, who died on account of electrocution on 18.07.2016, 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.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 Muddaiah, who

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3 - NC: 2023:KHC:45639 RFA No. 2095 of 2023

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died due to electrocution on 18.07.2016 at about 5.30 a.m., while harvesting medicine cucumber which was grown in land bearing Sy.No.6 situated at Chikkahedigehalli Village in Cheluru Hobli of Gubbi Taluk, 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.2 as PW-1 and Exs.P1 to P11 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 Muddaiah 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:45639 RFA No. 2095 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 Muddaiah 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

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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.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 2016 : Rs.9,500/40% future prospectus to be added to the total income : Rs.3,800/- Total income : Rs.13,300/- 1/4^th income to be deducted towards personal expenses. : Rs. 3,325/Annual Income comes to (Rs.9,975x12x15) : Rs.17,95,500/- Funeral expenses : Rs.15,000/Towards Estate : Rs.15,000/Filial Consortium: Wife : 40,000/Son : 30,000/Daughter: 30,000/Daughter: 30,000/Total : : Rs.1,30,000/-------------------- Rs.19,55,500/- Compensation awarded by trail court : Rs.12,65,000/Balance amount (Rs.19,55,500 - Rs.12,65,000) : Rs.6,90,500/- Enhanced amount entitled by appellants : Rs.6,90,500/-

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Accordingly, the appellants-plaintiffs are entitled for additional enhanced compensation in a sum of Rs.6,90,500/- 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.2095/2023 filed by the plaintiffs is partly allowed.

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(ii) The impugned judgment and decree dated 01.10.2021 passed in O.S.No.184/2019 by the trial Court is hereby modified.

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(iii) The appellants - plaintiffs are entitled to additional enhanced compensation of Rs.6,90,500/- 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

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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 transferred to the Trial Court for disbursement.

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NC: 2023:KHC:45639 RFA No. 2095 of 2023

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(vi) Registry to draw decree accordingly.

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