High Court allowed plaintiffs to enhance compensation awarded for electrocution death. Bench reworked damages using notional income principles, granting ~7.4 lakh additional sum against BESCOM, dismissing defendant's appeal.
Appellants entitled to additional enhanced compensation of Rs. 7,38,828/- payable with 6% interest from suit date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:45615 RFA No. 2230 of 2023 C/W RFA No. 458 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2230 OF 2023 (RES)
C/W
REGULAR FIRST APPEAL NO.458 OF 2022 (RES)
IN RFA NO. 2230/2023:
BETWEEN:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
R/O A.D. COLONY, SUBHASH NAGARA, GUBBI TOWN AND TALUK TUMAKURU DISTRICT - 577 101.
PETITIONER NO.1 TO 3 ARE R/O YALIYUR VILLAGE,
NC: 2023:KHC:45615 RFA No. 2230 of 2023 C/W RFA No. 458 of 2022
HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 577 101.
…APPELLANTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER, BESCOM, O AND M CIRCLE, OLD KOTHITHOPU ROAD, TUMKUR - 572 101.
…RESPONDENT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.11.2021 PASSED IN OS.NO.564/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR DAMAGES.
IN RFA NO.458/2022:
BETWEEN
SUPERINTENDING ENGINEER (ELE), BESCOM, O AND M CIRCLE, OLD KOTHITHOPU ROAD, TUMAKURU - 572 102.
…APPELLANT
(BY SRI. H.V. DEVARAJU, ADVOCATE)
AND:
NC: 2023:KHC:45615 RFA No. 2230 of 2023 C/W RFA No. 458 of 2022
THE RESPONDENTS NO. 1 TO 3 ARE RESIDING AT YALIYUR VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130.
…RESPONDENTS
(BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1 AND R3 TO R5; R2 IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.11.2021 PASSED IN OS.NO.564/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR DAMAGES.
THESE APPEALS, COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both these appeals arise out of the impugned judgment and
decree dated 15.11.2021 passed in O.S.No.564/2019 by the Addl. Senior Civil Judge and CJM, Tumakuru, whereby the said suit filed seeking compensation against the defendant by the plaintiffs, who
NC: 2023:KHC:45615 RFA No. 2230 of 2023 C/W RFA No. 458 of 2022
are wife and children of the deceased Manjaiah, who died on account of electrocution on 11.04.2017, 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.10,60,000/- together with interest at 6% per annum from the date of the suit till realization.
examined plaintiff No.1 as PW-1 and Exs.P1 to P5 were marked. An Official of BESCOM was examined as DW-1 on behalf of the defendant and no documents were marked.
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 Manjaiah 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 .
The trail Court has awarded compensation : Rs. 10,60,000/- 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/- 1/4th income to be deducted towards personal expenses. : Rs. 3,437/-
Annual Income comes to (Rs.10,313x12x13) : Rs.16,08,828/- Funeral expenses : Rs.15,000/Towards Estate : Rs.15,000/Filial Consortium: Wife : 40,000/Son : 30,000/Daughter: 30,000/Daughter: 30,000/Daughter: 30,000/Total : : Rs.1,60,000/------------------ Rs.17,98,828/- Compensation awarded by trail court : Rs.10,60,000/Balance amount (Rs.17,98,828 - Rs.10,60,000) : Rs.7,38,828/- Enhanced amount entitled by appellants : Rs.7,38,828/-
additional enhanced compensation in a sum of Rs.7,38,828/- as against the amount awarded by the trial court with 6% per annum
from the date of petition / suit till realization or deposit.
ORDER
(i) RFA No.2230/2023 filed by the plaintiffs is partly
allowed.
(ii) RFA No.458/2022 filed by the defendant is
hereby dismissed.
(iii) The impugned judgment and decree dated 15.11.2021 passed in O.S.No.564/2019 by the trial Court is hereby modified.
(iv) The appellants – plaintiffs in RFA No.2230/2023 are entitled to additional enhanced compensation of Rs.7,38,828/- 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.
(v) The appellants – plaintiffs in RFA No.2230/2023 would not be entitled to the interest for the delayed period in preferring the appeal.
(vi) The amount in deposit, if any, is directed to be transferred to the Trial Court for disbursement.
(vii) Registry to draw decree accordingly.
GPG / SV List No.: 1 Sl No.: 22 CT: BHK
Sd/JUDGE
3 issues framed by the court
Whether the compensation awarded by the trial court for electrocution deaths deserves enhancement based on notional income and motor accident principles?
How should the quantum of damages be reworked for a sum against the defendant BESCOM?
Is the defendant liable to pay the enhanced compensation with interest from the date of suit?
Colour shows how this judgement treated each authority
National Insurance Company Limited vs Pranay Sethi and OthersExplained¶61
(2017) 16 SCC 680 · Who else cites this
Sarla Verma vs Delhi Transport CorporationExplained¶61
AIR 2009 SC 3104 · Who else cites this
Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and OthersExplained¶61
(2018 ACJ 2782 (SC))
Smt. Lakshamma, W/o Late Manjaiah
Nagaraju, S/o Late Manjaiah
Sarojamma, D/o Meghana
Parvathamma, W/o Manjunath
Y.M. Nethra, W/o Govindaraju
Superintendent Engineer, BESCOM
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
