- 1 - HC-KAR NC: 2025:KHC:42727 RFA No. 2364 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2364 OF 2023 (RES) BETWEEN: 1. M. S. ERANNA, S/O SANNAEERAPPA, AGED ABOUT 42 YEARS, MENIGANA HATTI VILLAGE, HUNASANAKATTE POST, BOOKAPATTANA HOBLI, SHIRA TALUK, TUMKUR DIST - 572 137. 2. DODDEERAPPA S/O KARINAGAPPA, AGED ABOUT 53 YEARS, MAJURE MENIGANA HATTI VILLAGE, BOOKAPATTANA HOBLI, SHIRA TALUK, TUMKUR DIST - 572 137. …APPELLANTS (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. SUPERINTENDENT ENGINEER O AND M CIRCLE, CHAMUNDESHWARI ELECTRIC, SUPPLY CORPORATION LTD (CESC), SANTHEPETE, B M ROAD, HASSAN - 573 201. 2. CHIEF SECRETARY GOVT OF KARNATAKA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42727 RFA No. 2364 of 2023 AMBEDKAR ROAD, VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. H. V. DEVARAJU, ADVOCATE FOR R1 AND R2) THIS RFA FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.01.2020 PASSED IN OS NO.101/2015 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, PARTLY DECREEING THE SUIT FOR DAMAGES. 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 by the plaintiffs in O.S.No.101/2015 is directed against the impugned judgment and decree dated 28.01.2020 passed by the Additional Senior Civil Judge and JMFC, Hassan, whereby the said suit filed by the appellants/plaintiffs against the respondents/defendants seeking compensation towards the demise of 43 sheep due to electrocution was partly decreed by the trial Court which directed the respondent No.1 to pay compensation in a sum of Rs.2,80,000/- in favour of plaintiff No.1 and - 3 - HC-KAR NC: 2025:KHC:42727 RFA No. 2364 of 2023 Rs.44,000/- in favour of plaintiff No.2 together with interest at the rate of 6% per annum from the date of the suit till realisation. 2. A perusal of the material on record will indicate that the defendant/CESC has not preferred any appeal against the impugned judgment and decree and the present appeal is restricted/limited to the quantum of compensation awarded in favour of the appellants by the trial Court. 3. In this context, learned counsel for the appellants/ plaintiffs and learned counsel for the respondents jointly submits that by way of global compensation, the respondents may be directed to pay an additional sum of Rs.50,000/- (appellant No.1 - Rs.40,000/- and appellant No.2 - Rs.10,000/-) together with interest at the rate of 6% per annum from the date of suit till date of payment and the impugned judgment and decree passed by the trial Court may be modified by - 4 - HC-KAR NC: 2025:KHC:42727 RFA No. 2364 of 2023 awarding additional compensation together with interest as stated supra. 4. In view of the joint submission made by both sides, I deem it just and appropriate to modify the impugned judgment and decree by directing the respondents/ defendants to pay additional enhanced compensation of Rs.50,000/- (Rs.40,000/- to appellant No.1, Rs.10,000/- to appellant No.2) together with interest of 6% per annum on the said sum of Rs.50,000 from the date of the suit till date of payment and issue further directions in this regard. 5. In the result, the following: ORDER (i) The appeal is hereby partly allowed and disposed of in terms of the joint submission made by the appellants and respondents. (ii) The impugned judgment and decree dated 28.01.2020 in O.S.No.101/2015 passed by - 5 - HC-KAR NC: 2025:KHC:42727 RFA No. 2364 of 2023 the Additional Senior Civil Judge and JMFC, Hassan is hereby modified. (iii) The respondents/defendants are directed to pay additional enhanced compensation Rs.50,000 (Rs.40,000/- to appellant No.1 and Rs.10,000/- to appellant No.2) together with interest at the rate of 6% per annum from the date of the suit till the date of payment. (iv) However, the appellants are not entitled for interest for the period of delay of 597 days. (v) Registry to draw decree accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 17