- 1 - NC: 2025:KHC:12433 RFA No. 2124 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL No. 2124 OF 2023 (RES) BETWEEN: 1. V.R. NETHRAVATHI W/O LATE SHIVASHANKARAIAH AGED ABOUT 39 YEARS. 2. G.S.TEJASWINI D/O LATE SHIVASHANKARAIAH AGED ABOUT 17 YEARS. 3. G.S LIKITHA D/O LATE SHIVASHANKARAIAH AGED ABOUT 10 YEARS 2ND AND 3RD APPELLANTS ARE MINORS AND REPRESENTED BY THEIR NATURAL MOTHER 1ST APPELLANT. ALL ARE RESIDENTS OF GOWRIPURA VILLAGE CHELUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 101. …APPELLANTS (BY SRI GIRISH B BALADARE, ADVOCATE) AND: SUPERINTENDENT ENGINEER BESCOM 'O' AND 'M' CIRCLE, OLD KTOHITHOP ROAD TUMAKURU - 572 101. …RESPONDENT (BY SRI ADAGATTI PRAVEEN GANGADHAR, ADVOCATE FOR R1) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12433 RFA No. 2124 of 2023 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT AND DECREEE DATED 10.10.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND TUMAKUR ON THE FILE OF O.S. No.705/2021, AND ENHANCES THE COMPNESATION AS PRAYED IN THE INEREST OF JUSTICE AND EQUITY AND ETC., 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 10.10.2022 passed in O.S.No.705/2021 by the II Additional Senior Civil Judge and JMFC, Tumakuru, whereby the said suit filed by the appellants – plaintiffs for compensation on account of the demise of one late Shivashankaraiah due to electrocution in the year 2018 was partly decreed in favour of the appellants, thereby awarding compensation of Rs.9,76,000/- together with interest at 6% p.a. from the date of suit till realization. 2. This appeal is preferred by the appellants/plaintiffs seeking enhancement of the compensation aggrieved by the impugned judgment and decree. - 3 - NC: 2025:KHC:12433 RFA No. 2124 of 2023 3. Heard learned counsel for the appellants and learned counsel for the respondent – BESCOM and perused the material on record. 4. The material on record discloses that the appellants – plaintiffs being the wife and children of late Shivashankaraiah who died as a result of electrocution in the year 2018, instituted the aforesaid suit for compensation and other reliefs against the respondent – defendant. The said suit was contested by the respondent – BESCOM, 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.9,76,000/- by way of compensation to the appellants. 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 - 4 - NC: 2025:KHC:12433 RFA No. 2124 of 2023 account the notional income of the deceased Shivashankaraiah 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 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 2018 as per Lok Adalat guidelines Rs.12,500/- p.m. 40% future prospects Rs. 5,000/- (-) 1/3rd towards personal expenses Rs. 5,833/- - 5 - NC: 2025:KHC:12433 RFA No. 2124 of 2023 Annual income = Rs.11667 x 12 x 13 = Rs. 18,20,052/- Funeral Expenses = Rs. 15,000/- Loss of estate = Rs. 15,000/- Filial Consortium = Rs. 1,00,000/- (wife=40,000/- + daughters(2) = 60,000/-) TOTAL = Rs.19,50,052/- (-)Compensation awarded by Trial Court = Rs.9,76,000/- Balance payable = Rs. 9,74,052/- 7. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 10.10.2022 passed in O.S.No.705/2021 by the II Additional Senior Civil Judge and JMFC, Tumakuru, is hereby modified. (iii) Appellants are entitled to additional compensation of Rs.9,74,052/- in addition to Rs.9,76,000/- already awarded by the Trial Court. (iv) Additional compensation of Rs.9,74,052/- shall carry interest at 6% per annum from the date of institution of the suit till payment. - 6 - NC: 2025:KHC:12433 RFA No. 2124 of 2023 (v) However, the appellants are not entitled to any interest for the delayed period, if any, in the appeal. Sd/- (S.R.KRISHNA KUMAR) JUDGE ND List No.: 1 Sl No.: 0