- 1 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100032 OF 2023 (RES) BETWEEN: 1. RENUKA W/O. KALLAPPA GADADI AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. TUKKANATTI VILLAGE, TQ: MUDALAGI TALUK, DIST: BELAGAVI-591312. 2. BHAVAN S/O. KALLAPPA GADADI AGE: 11 YEARS, OCC: STUDENT, R/O. TUKKANATTI VILLAGE, TQ: MUDALAGI TALUK, DIST: BELAGAVI-591312. 3. HOLEPPA S/O. KALLAPPA GADADI AGE: 9 YEARS, OCC: STUDENT, R/O. TUKKANATTI VILLAGE, TQ: MUDALAGI TALUK, DIST: BELAGAVI-591312. 4. GIREWWA W/O. DUNDAPPA GADADI AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. TUKKANATTI VILLAGE, TQ: MUDALAGI TALUK, DIST: BELAGAVI-591312. …APPELLANTS (BY SRI. GURURAJ R.TURAMARI, ADVOCATE) SAMREEN AYUB DESHNUR SAMREEN AYUB DESHNUR HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 AND: 1. HUBLI ELECTRICITY SUPPLY CO. LTD., COMPANY, REGISTERED UNDER THE PROVISIONS OF COMPANY’S ACT, HAVING REGISTERED OFFICE, AT NAVANAGAR, HUBBALLI, REPRESENTED BY ITS MANAGING DIRECTOR, NAVANAGAR, HUBBALLI, DIST: DHARWAD-580025. 2. THE EXECUTIVE ENGINEER O AND M DIVISION, GHATAPRABHA, GOKAK TALUK, DIST: BELAGAVI-591127. 3. THE ASSISTANT EXECUTIVE ENGINEER(ELE) O AND M SUB-DIVISION, HESCOM, GHATAPRABHA, GOKAK TALUK, DIST: BELAGAVI-591127. 4. THE SECTION OFFICER HESCOM, KALLOLI SECTION, KALLOLI, GOKAK TALUK, DIST: BELAGAVI-591127. …RESPONDENTS (BY SRI. RAJESH NAVALGIMATH, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.07.2022 PASSED IN O.S.NO.358/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE GOKAK, PARTLY DECREEING THE SUIT FILED FOR DAMAGES. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This appeal is directed against the impugned judgment and decree dated 04.07.2022 passed in O.S.No.358/2019 by the II Additional Senior Civil Judge, Gokak (for short, ‘the Trial Court’), whereby the said suit filed by the appellants – plaintiffs for compensation on account of the demise of one late Kallappa due to electrocution on 06.12.2018, was decreed in favour of the appellants, thereby awarding compensation of Rs.9,78,000/- 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. Heard learned counsel for the appellants and learned counsel for the respondents and perused the material on record. - 4 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 4. The material on record discloses that the appellants – plaintiffs being the mother, wife and children of deceased Kallappa, who died as a result of electrocution on 06.12.2018, instituted the aforesaid suit for compensation and other reliefs against the respondents – defendants. The said suit was contested by the respondents, 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.9,78,000/- 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, we are of the considered opinion that the compensation awarded by the Trial Court deserves to be re-worked and enhanced by - 5 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 taking into account the notional income of the deceased Kallappa 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 OTHERS1; SARLA VERMA vs DELHI TRANSPORT COPORATION2 and MAGMA GENERAL INSURANCE COMPANY LIMITED vs NANU RAM ALIAS CHUHRU RAM AND OTHERS3. 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 these circumstances, the compensation payable in favour of appellants/plaintiffs is to be worked as under: 1 (2017) 16 SCC 680 2 AIR 2009 SC 3104 3 2018 ACJ 2782 (SC) - 6 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 (i) Notional Income in 2018 as per Lok Adalat guidelines is Rs.11,750/- per month. (ii) 40% future prospects = Rs.4,700/- (iii) Less 1/4th towards personal expenses = Rs.4,112/- (iv)Loss of dependency=Rs.25,16,952/- (Rs.12,338x12x17) Loss of dependency Rs.25,16,952/- Filial Consortium Rs.40,000 (40,000/- X 4) Rs.1,60,000/- Funeral Expenses Rs.15,000/- Loss of estate Rs.15,000/- TOTAL Rs.27,06,952/- Less compensation awarded by Trial Court = Rs.9,78,000/- Balance payable = Rs.17,28,952/- 7. In the result, we pass the following:- ORDER (i) Appeal is hereby allowed *with costs.* (ii) The impugned judgment and decree dated 04.07.2022 passed in O.S.No.358/2019 by the II Additional Senior Civil Judge, Gokak, is hereby modified. * Corrected vide Court Order dtd: 24.09.2025 Sd/- [SRKKJ] - 7 - HC-KAR NC: 2025:KHC-D:11230-DB RFA No. 100032 of 2023 (iii) Appellants are entitled to additional compensation of Rs.17,28,952/- in addition to Rs.9,78,000/- already awarded by the Trial Court. (iv) Additional compensation of Rs.17,28,952/- 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 Sd/- (C.M. POONACHA) JUDGE SMM / Ct:vh List No.: 1 Sl No.: 47