- 1 - NC: 2025:KHC:11419 RFA No. 144 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 144 OF 2022 (RES) BETWEEN: 1. SMT MYTHRI W/O LT T S SIDDARAJU AGED ABOUT 29 YEARS 2. S AMRUTH S/O LT T S SIDDARAJU AGED 9 YEARS 3. SANJAY S/O LT T S SIDDARAJU AGED 7 YEARS SINCE 2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER 1ST PLAINTIFF SMT. MYTHRI. ALL ARE R/O THAMMADHAHALLI VILLAGE KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT – 571 401. …APPELLANTS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: EXECUTIVE ENGINEER CHESCOM LIMITED - MANDYA MANDYA DIST- 571 401 …RESPONDENT (BY SRI. H V DEVARAJU, ADVOCATE) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.01.2013 PASSED IN OS.NO. 115/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., MANDYA PARTLY DECREEING THE SUIT FOR DAMAGES. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:11419 RFA No. 144 of 2022 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal is directed against the impugned judgment and decree dated 24.01.2018 passed in O.S.No.115/2016 by the Principal Senior Civil Judge and CJM, Mandya, whereby the said suit filed by the appellants – plaintiffs for compensation on account of the demise of one late T.S. Siddaraju due to electrocution in the year 2011 was partly decreed in favour of the appellants, thereby awarding compensation of Rs.9,81,800/- together with interest at 6% p.a. from the date of suit till realization, in addition to Rs.1 lakh already received by them from the respondents. 2. This appeal is preferred by the appellants/plaintiffs seeking enhancement of the compensation aggrieved by the impugned judgment and decree. 3. Heard learned counsel for the appellants and learned counsel for the respondent – CHESCOM and perused the material on record. - 3 - NC: 2025:KHC:11419 RFA No. 144 of 2022 4. The material on record discloses that the appellants – plaintiffs being the wife and children of late T.S. Siddaraju, who died as a result of electrocution in the year 2011, instituted the aforesaid suit for compensation and other reliefs against the respondent – defendant. The said suit was contested by the respondent – CHESCOM, pursuant to which, the Trial Court framed the issues and after recording oral and documentary evidence of both sides, proceeded to pass the impugned judgment and decree awarding Rs.9,81,800/- by way of compensation to the appellants, in addition to Rs.1 lakh already received by them from the respondents. It is the grievance of the appellants that the quantum of compensation awarded is meager and inadequate and as such, they are before this Court by way of the present appeal seeking enhancement of compensation. 5. Upon re-appreciation, re-evaluation and re-consideration of the 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 T.S. Siddaraju and bearing in mind the principles related to payment of compensation - 4 - NC: 2025:KHC:11419 RFA No. 144 of 2022 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. 6. Under this circumstances, the compensation payable in favour of appellants/plaintiffs is to be worked as under: Notional Income in 2011 as per Lok Adalat guidelines Rs.6,500/- p.m. 40% future prospects Rs.2,600/- (-) 1/3rd towards personal expenses Rs.3034/- Annual income = Rs.6066 x 12 x 17 = Rs. 12,37,464/- Towards consortium (wife = 40,000/- and Two sons: 30,000 x 2 =60,000/ = Rs. 1,00,000/- Funeral Expenses = Rs. 15,000/- - 5 - NC: 2025:KHC:11419 RFA No. 144 of 2022 Loss of estate = Rs. 15,000/- TOTAL = Rs.13,67,2464/- (-)Compensation awarded by Trial Court = Rs.9,81,800/- (-)Compensation already received = Rs.1,00,000/- Balance payable = Rs. 2,85,664/- 7. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 24.01.2018 passed in O.S.No.115/2016 by the Principal Senior Civil Judge and CJM, Mandya, is hereby modified. (iii) Appellants are entitled to additional compensation of Rs.2,85,664/- in addition to Rs.9,81,800/- already awarded by the Trial Court. (iv) Additional compensation of Rs.2,85,664/- shall carry interest at 6% per annum from the date of institution of the suit till payment. (v) However, the appellants are not entitled to any interest for the delayed period in the appeal. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 60