- 1 - NC: 2025:KHC:12694 RFA No. 2400 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2400 OF 2023 (RES) BETWEEN: SMT. MAHADEVAMMA W/O LATE SIDDAIAH, AGED ABOUT 64 YEARS, R/O MODDAHALLI, S.C. COLONY, HADINAARU POST, CHIKKAIAHNACHATRA HOBLI, NANJANGUDU TALUK, MYSORE DISTRICT – 570 001 …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: SUPERINTENDENT ENGINEER, CHESCOM, SRI. HARSHA ROAD, M.P.L. COMPOUND, MYSURU DISTRICT – 570 001. …RESPONDENT (BY SRI. H.V. DEVARAJU, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.11.2021 PASSED IN OS NO.775/2019 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU., DECREEING THE SUIT FOR THE RELIEF OF DAMAGES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:12694 RFA No. 2400 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal is directed against the impugned judgment and decree dated 23.11.2021 passed in O.S.No.775/2019 by the Principal Senior Civil Judge and CJM, Mysuru, whereby the said suit filed by the appellant – plaintiff for compensation on account of the demise of one late Mahadevaswamy due to electrocution in the year 2016 was partly decreed in favour of the appellant, thereby awarding compensation of Rs.5,47,000/- together with interest at 8% p.a. from the date of suit till realization. 2. This appeal is preferred by the appellant/plaintiff 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. 4. The material on record discloses that the appellant – plaintiff being the mother of late Mahadevaswamy, who died as a result of electrocution in the year 2016, instituted the aforesaid suit - 3 - NC: 2025:KHC:12694 RFA No. 2400 of 2023 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.5,47,000/- by way of compensation to the appellant. It is the grievance of the appellant that the quantum of compensation awarded is meager and inadequate and as such, the appellant is 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 Mahadevaswamy 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 - 4 - NC: 2025:KHC:12694 RFA No. 2400 of 2023 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 appellant/plaintiff is to be worked as under: Notional Income in 2016 as per Lok Adalat guidelines Rs.9,500/- p.m. (+) 40% future prospects Rs.3,800/- (-) 1/2nd towards personal expenses Rs.6,650/- Annual income = Rs.6650 x 12 x 18 = Rs.14,36,400 /- Funeral Expenses = Rs. 15,000/- Loss of Estate = Rs. 15,000/- Loss of filial consortium = Rs. 40,000/- TOTAL = Rs.15,06,400/- (-)Compensation awarded by Trial Court = Rs.5,47,000/- Balance = Rs. 9,59,400/- (-) Compensation paid earlier = Rs.2,00,000/- Balance payable = Rs. 7,59,400/- - 5 - NC: 2025:KHC:12694 RFA No. 2400 of 2023 7. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned judgment and decree dated 23.11.2021 passed in O.S.No.775/2019 by the Principal Senior Civil Judge and CJM, Mysuru, is hereby modified. (iii) Appellant is entitled to additional compensation of Rs.7,59,400/- in addition to Rs.5,47,000/- already awarded by the Trial Court. (iv) Additional compensation of Rs.7,59,400/- shall carry interest at 6% per annum from the date of institution of the suit till payment. (v) However, the appellant is not entitled to any interest for the delayed period in the appeal. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/BMC List No.: 1 Sl No.: 66 CT:SK