- 1 - NC: 2025:KHC:6388 WP No. 11558 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11558 OF 2024 (GM-KEB) BETWEEN: 1. GOVINDAPPA S/O SEETHAPPA, AGED ABOUT 42 YEARS AGRICULTURIST R/A DODRAHALLI VILLAGE, KASABA HOBLI BANGARPET TALUK, KOLAR DISTRICT-563101 …PETITIONER (BY SMT. SWATHI HEGDE., ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560001 2. THE MANAGIGN DIRECTOR BANGALORE ELECTRICITY SUPPLY CORPORATION LIMITED, BESCOM LTD HAVING ITS CORPORATE OFFICE AT K R CIRCLE,BANGALORE-560001 3. HUMAN RESOURCE DEVELOPMENT OFFICER HUMAN RESOURCE DEVELOPMENT AUTHORITY K R CIRCLE, BANGALORE-560001 4. THE CHIEF ENGINEER BANGALORE ELECTRICITY SUPPLY CORPORATION LIMITED BESCOM LTD, KOLAR DISTRICT KOLAR-563101. 5. EXECUTIVE ENGINEER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6388 WP No. 11558 of 2024 BANGALORE ELECTRICITY SUPPLY CORPORATION LIMITED (BESCOM LTD), BANGARPET DIVISION KOLAR DISTRICT-563101. 6. ASSISTANT EXECUTIVE ENGINEER BANGALORE ELECTRICITY SUPPLY CORPORATION LIMITED (BESCOM LTD), KGF SUB DIVISION KGF TALUK, KOLAR DISTRICT. 7. JUNIOR ENGINEER BANGALORE ELECTRICITY SUPPLY CORPORATION LIMITED (BESCOM LTD) BANGARPET DIVISION, BANGARPET KOLAR DISTRICT-563101. 8. SUPERINTENDING ENGINEER(ELE) COMMERCIAL, O AND M, CIRCLE OFFICE, BESCOM M B ROAD, OPP. TO YAMAHA SHOWROOM KOLAR-563101. …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1 & R-3; SRI.H.V.DEVARAJU., ADVOCATE FOR R-2 & R-4 TO 8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM BEARING ITS NO. AAIM(V)UULENI/KANIIM(KA) SAKANIIM(TA)/KI.E- 2/KOVRU/2023-24/1067-72 DATED 29.02.2024 ISSUED BY THE R-8 AUTHORITY/SUPERINTENDING ENGINEER, COMMERCIAL , O AND M CIRCLE OFFICE, BESCOM, KOLAR DISTRICT, TO THE EXTENT OF COMPENSATION AMOUNT OF RS. 1,20,000/- AND AWARD RS. 32,00,000/- AS COMPENSATION TO THE PETITIONER FOR AMPUTATION OF LEFT HAND DUE TO ELECTROCUTION BY THE NEGLIGENCE MAINTENANCE OF THE RESPONDENT AUTHORITIES PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:6388 WP No. 11558 of 2024 ORAL ORDER 1. On 09.06.2015, the petitioner suffered an unfortunate accident when he came in contact with the live electric wire, which resulted in grievous injuries to him. As a result of the injuries, the petitioner's left hand was amputated and he has therefore become disabled. 2. The petitioner made a request to the BESCOM to provide him a compensation for Rs.32,00,000/-. The petitioner approached the BESCOM for compensation and this request was rejected, which resulted in the petitioner filing W.P.No.21650/2022. This Court by an order dated 24.11.2022 directed the BESCOM to consider the petitioner’s representation and thereafter the BESCOM rejected the claim on 24.02.2023. 3. This resulted in the petitioner preferring W.P.No.8076/2023, which was disposed of by quashing the endorsement, by which the petitioner’s - 4 - NC: 2025:KHC:6388 WP No. 11558 of 2024 claim was rejected and issued a direction to the BESCOM to reconsider the claim of the petitioner. 4. Ultimately by an order dated 09.02.2024, the BESCOM by placing reliance on the Official Memorandum dated 29.02.2024 has awarded a sum of Rs.1,20,000/- for the amputation that the petitioner suffered as compensation. 5. As a consequence, the petitioner is before this Court seeking for compensation in the same as compensation awarded to the victims of the Motor Vehicle accident. 6. The Division Bench of this Court in W.A.No.861/2022 has laid down the law, that, in case of injuries caused due to electrical accidents, the victims would have to be compensated in the same manner as a victim of the Motor Vehicle accident and the manner of determining the compensation should also be similar - 5 - NC: 2025:KHC:6388 WP No. 11558 of 2024 to the procedure followed under the Motor Vehicles Act. 7. In fact, the Division Bench confirmed the order of the Co-ordinate Bench, which had passed an order holding that victims of the electricity accident would be entitled for the compensation in the same manner as victims of the Motor Vehicle accident as provided under the Motor Vehicles Act. 8. In the light of the above, the petitioner would be entitled to a compensation in the same manner as he has payable to a victim of the Motor Vehicles accident. 9. The petitioner was aged about 37 years as on the date of the accident. The petitioner contends that he was working as a coolie. 10. In the light of the fact that the petitioner claims he was working as a coolie, the functional disability of - 6 - NC: 2025:KHC:6388 WP No. 11558 of 2024 the petitioner as a result of loosing his left hand would be 80%. 11. In fact, as a result of this amputation, the concerned Department has issued a disability certificate in which it is stated that the petitioner has suffered a disability to the extent of 80%. 12. As there is no proof of actual income that the petitioner was earning at the relevant point of time. In that view of the matter, the notional income as determined by the Karnataka State Legal Services Authority for the accident of the year 2015 Rs.9,000/- will have to be adopted. 13. Consequently, the petitioner would be entitled to a sum of Rs.18,14,400/- (Rs.9,000/- + Rs.3,600/- (40%) = Rs.12,600/- X 12 X 15 X 80%) towards loss of future earnings. 14. The petitioner has produced a discharge summary, which indicates that he was admitted to M.S.Ramaiah - 7 - NC: 2025:KHC:6388 WP No. 11558 of 2024 Memorial Hospital on 09.06.2015 and was discharged on 17.07.2015 i.e., nearly after one and a half month. He has also produced bills indicating that he had paid a sum of Rs.4,45,525/-. 15. In the light of the above, the petitioner would be entitled to a sum of Rs.4,45,525/- towards medical expenses. 16. In addition, having regard to the fact that the petitioner was hospitalized for one and a half month, it would be appropriate to treat the laid-up period as 6 months and award a sum of Rs.54,000/- (Rs.9,000/- X 6 months) towards ‘loss of income during laid-up period’. 17. The petitioner would also be entitled for a sum of Rs.75,000/- towards conveyance, food and nutrients. 18. The petitioner would also entitled to a sum of Rs.2,00,000/- towards pain and sufferings and Rs.2,00,000/- towards loss of amenities. - 8 - NC: 2025:KHC:6388 WP No. 11558 of 2024 19. Consequently, the petitioner would be entitled to the following sums as compensation: Sl. No. Compensation under different Heads As awarded by this Court (Rs.) 1. Loss of future earnings 18,14,400/- 2. Medical expenditure 4,45,525/- 3. Loss of income during laid-up period 54,000/- 4. Conveyance, nourishment and nutritious food 75,000/- 5. Pain and suffering 2,00,000/- 7. Loss of amenities in life 2,00,000/- Total 27,88,925/- 20. Accordingly, the petitioner is held entitled for compensation of Rs.27,88,925/- along with interest - 9 - NC: 2025:KHC:6388 WP No. 11558 of 2024 at the rate of 6% p.a. from the date of petition till its realisation. 21. The BESCOM is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment. 22. The BESCOM would be entitled to deduct any sums that they had paid to the petitioner. 23. This writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 20