- 1 - HC-KAR NC: 2025:KHC-D:13758 WP No. 85735 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 85735 OF 2013 (GM-RES) BETWEEN: 1. THE MANAGING DIRECTOR, HESCOM, NAVANAGAR, HUBBALLI – 580 025, DIST: DHARWAD. 2. THE EXECUTIVE ENGINEER (ELE.) , O AND M DIV. HESCOM ATHANI TQ: ATHANI, DIST: BELAGAVI. 3. SECTION OFFICER, O AND M DIV. HESCOM, ATHANI, TQ: ATHANI, DIST: BELAGAVI. …PETITIONERS (BY SRI. B. S. KAMATE, ADVOCATE) AND: 1. RAMAPPA SHANKAREPPA JIRGAL , AGE: 63 YEARS, OCC: AGRICULTURE, R/O: SHEGUNASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI. 2. SHANTA RAMAPPA JIRGAL SINCE DECEASED BY LR’S R1 AND R3 ARE TREATED ARE LR’S OF R2. 3. MISS LAXMI RAMAPPA JIRGAL , AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O. SHEGUNASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI. …RESPONDENTS (BY SMT. SURABHI KULKARNI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED JUDGMENT AND ORDER Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13758 WP No. 85735 of 2013 DATED 31.08.2013 AND THE AWARD DATED 02.09.2013, PASSED BY THE PERMANENT LOK-ADALAT, BELAGAVI, O.P.NO.6/2012 PRODUCED AT ANNEXURE-F AND G RESPECTIVELY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners – HESCOM (hereinafter it is referred to as “the Corporation” for short) is before this Court calling in question an award of the permanent Lok Adalath dated 02.09.2013, which determines certain amount of compensation to be paid to the respondents on account of the death of their son. 2. Heard Shri B.S. Kamate, learned counsel for the petitioners and Smt. Surabhi Kulkarni, learned counsel for the respondents. 3. The facts that led the Corporation to approach this Court in the subject petition are as follows: Respondent Nos.1 to 3 files an application under Section 22(C)(1) of the Legal Services Authority Act before the permanent Lok Adalath, Belgaum against the present - 3 - HC-KAR NC: 2025:KHC-D:13758 WP No. 85735 of 2013 petitioners seeking compensation on the ground that their son had died on 20.11.2011 at the time when he was cutting grass in the land belonging to him on account of coming in contact with live wire. The Permanent Lok Adalath, on the objections filed by the present petitioners passes an award determining certain compensation. While so doing, it observes that the Corporation officials have been negligent in leaving the live wire open, which came in contact with the son of the claimants, while cutting grass. Learned counsel submits that, it is the negligence on the part of the son of the claimants as well and not the entire liability of the Corporation. 4. Learned counsel appearing for the respondents, Smt. Surabhi Kulkarni submits that, the issue in the lis stands completely answered by what is rendered by the Coordinate Bench in Writ Petition No.1383 of 2020 and connected cases in identical circumstances. 5. Learned counsel submits that the Coordinate Bench has determined the liability of the Corporation, in - 4 - HC-KAR NC: 2025:KHC-D:13758 WP No. 85735 of 2013 such case, the judgment rendered by the Coordinate Bench held at paragraph No.38 as follows: “38. Accordingly in both the cases, viz., (a) W.P.No.6087/2019 by no stretch of imagination could it be asserted that the child ought to have exercised due care and caution in not going near the high tension electrical line and coming within the induction zone as the child could not be expected to maintain the buffer distance. (b) In W.P.No.53302/2018, the child could not be expected not to carry any objects under the high tension electrical line and could not be imposed with such duty of care and caution as that expected of adults and where a child has acted according to normal 'impulse and instincts', question of fastening of contributory negligence on the child would not arise. This is only in addition to the discussion made relating to absolute liability where the issue stands settled that none of these defences which are sought to be relied upon to contend contributory negligence could ever come into play.” 6. The said judgment is tossed before the Division Bench in Writ Appeal No.861 of 2022 and connected matters, which comes to be dismissed and the Apex Court by an order dated 23.05.2025 refuses to interfere with the orders passed by the Coordinate Bench and the Division Bench. - 5 - HC-KAR NC: 2025:KHC-D:13758 WP No. 85735 of 2013 7. In the light of the issue standing completely answered by the Coordinate Bench, no submission of the Corporation can be taken note of and the law being settled that the liability, is entirely on the Corporation. Therefore, the petition, being devoid of merit, stands rejected. 8. The amount in deposit i.e., before this Court shall be forthwith released in favour of the respondent Nos.1 to 3 by the Registry after due verification of the documents. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 94