Petitioners filed a writ petition seeking mandamus to direct authorities to consider reply submitted in connection to husband's death by electrocution. Court held civil court is the proper forum for negligence and compensation claims.
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NC: 2024:KHC:51189 WP No. 6220 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 6220 OF 2023 (GM-KEB)
BETWEEN:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
…PETITIONERS
(BY SRI. VIKRAM.H.BHAT., ADVOCATE FOR SMT. VAISHALI HEGDE., ADVOCATE)
AND:
DEPARTMENT OF ENERGY, VIKASA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
…RESPONDENTS
(BY SMT. RADHA RANGASWAMY., AGA FOR R1; SRI. H.V.DEVARAJU., ADVOCATE FOR R2 TO 4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Vikram H.Bhat., counsel on behalf of Smt.Vaishali Hegde., counsel for the petitioners, Smt.Radha Rangaswamy., AGA for respondent No.1 and Sri.H.V.Devaraju., counsel for respondents 2 to 4 have appeared in person.
by the first petitioner vide Annexures-H and J. By way of amendment, the petitioner has also sought a Writ of Certiorari to quash the impugned endorsement dated 13/19.07.2023 bearing PÀæªÀiÁAPÀ: ¸ÀPÁ¤EA/¸À.EA/PÀÄ.£À/2023-24/1485-1487 issued by
the fourth respondent vide Annexure-M.
It is stated that one Mr.N.U.Bharath the husband and father of first and second petitioner and son of the third petitioner died due to electrocution. They alleged that the cause of the death was the negligence on the part of the CESCOM Authority, hence, they are before the Writ Court seeking the
compensation from the CESCOM Authority. The law is settled that whenever a person dies on account of electrocution, the proper remedy would be to file a suit and seek compensation by way of damages before the competent Civil Court which has the jurisdiction in the matter.
In the present case, the petitioners allege that Mr.N.U.Bharath died due to electrocution and there is a negligence on the part of the CESCOM Authority. However, the CESCOM authority contends that there is no negligence on their part. The matter requires a trial and it is the domain of the Civil Court to decide about the negligence, cause of the death and quantum of compensation. Hence, I decline to exercise power under the Writ jurisdiction. The Writ Petition is liable to be dismissed.
5. Resultantly, the Writ Petition is dismissed .
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 1 Sl No.: 23
1 issue framed by the court
Whether the Writ Court has jurisdiction to direct respondents to consider representations in a claim for electrocution death compensation.
SMT. N.B.LEELAVATHI
MS. KRITHIKA.N.B.
SMT. N.U.THARAMANI
STATE OF KARNATAKA
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED
CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
