- 1 - NC: 2025:KHC-D:3248-DB RFA No. 100610 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100610 OF 2023 BETWEEN: 1. THE EXECUTIVE ENGINEER (ELEC ) CSC GESCOM, BALLARI-583101. 2. THE SECTION OFFICER O AND M, IV SECTION, CSC GESCOM, BALLARI-583101. …APPELLANTS (BY SRI. CHANDRASHEKHAR R. HIREMATH, ADVOCATE) AND: MEHFOOS @ SHASHAVALI MAIFUS S/O. M. HAJI ALI AGE: 18 YEARS, R/O: KANCHAGARPET, HOSPET, PRESENTLY RESIDE AT VADDARABANDA D.NO. 21, W.NO. 17, BALLARI-583101. …RESPONDENT (BY SRI. B.S. SANGATI, ADVOCATE) THIS RFA IS FILED UNDER ORDER 41 RULE (1) R/W. SECTION 96 OF CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.08.2023 PASSED IN O.S.NO.256/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AND CHIEF JUDICIAL MAGISTRATE, BALLARI, PARTLY DECREEING THE SUIT FILED FOR DAMAGES. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.02.27 15:52:22 +0530 - 2 - NC: 2025:KHC-D:3248-DB RFA No. 100610 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Sri.Chandrasekhar.S., Executive Engineer, O & M Division of GESCOM, Ballari, filed an affidavit stating that, he is competent to swear an affidavit on behalf of KPTCL. 2. It is stated in the affidavit that, on the last date of hearing Managing Director was personally present before the Court. As per the order on the said date, the board of meeting was held on 17.02.2025. In view of board of meeting held on 17.02.2025, it was intimated by the corporate office that they have taken decision to accept the proposal of Rs.40,00,000/- as a full and final settlement by treating this case as special case. The proceedings of the meeting, he has been instructed to report before this Court by way of an affidavit and proceedings of the board of meeting is extracted, which reads as under: 111th Board of Directors meeting was held on 17.02.2024 to interalia discuss and decide on - 3 - NC: 2025:KHC-D:3248-DB RFA No. 100610 of 2023 the subject of one time settlement/compromise in the case of "The Executive Engineer, GESCOM and another Vs Mehfoos Sio Haji Ali, in RFA No.100610/2023. Board noted the details of the case as presented in the agendas and perused the Orders of Hon'ble Courts in the matter. The Board took cognizance of the particulars of the case and expressed its deepest sympathies for the unfortunate electrocution injuries sustained by Mr.Mehfoos. The Board acknowledged the intrinsic complexities and sensitivities associated with electricity supply, and recognize the imperative need for proactive initiatives to ensure consumer safety and well- being. The Board opined that ESCOMs in Karnataka proactively need to formulate a scheme for accident insurance. Board further added that the said scheme, if implemented, would help the victim of the accident to immediately get the financial support in the dire need. Board also directed Managing Director to submit a detailed proposal to the Board at its ensuing meeting for the insurance scheme in case - 4 - NC: 2025:KHC-D:3248-DB RFA No. 100610 of 2023 of electrocution injuries and fatalities, drawing inspiration from analogous models as devised by SRTCs. Board after due deliberations, considering this as a SPECIAL CASE, accorded it's approval to agree for compromise as a ONE TIME MEASURE and to settle the case by making payment of Rs.40,00,000/- (Rupees Forty Lakh only) for the electrocution injuries suffered by the victim in the instant case, as FULL and FINAL settlement. Board also resolved that this one time settlement/compromise shall not be treated as PRECEDENT for any similar cases. 3. Learned counsel for the appellants submits that appellants undertake to deposit the said amount within six weeks from today. 4. The Respondent is also present before the Court, and learned counsel for the respondent on instructions submits that, the respondent is ready to accept Rs.40,00,000/- as a full and final settlement, and submits that the appeal may be disposed of, in terms of the affidavit. 5. The affidavit is placed on record. - 5 - NC: 2025:KHC-D:3248-DB RFA No. 100610 of 2023 6. Since the respondent accepted the proposal of Rs.40,00,000/- as a full and final settlement, nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of in terms of the memo and the appellants are directed to deposit Rs.40,00,000/- within a period of six weeks from today failing which, the appellants are liable to pay interest at the rate of 10% p.a. till realization of the amount. 7. The Office is directed to refund the Court fee to the appellants as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958. 8. In view of disposal of the appeal, I.A.No.1/2023 does not survive for consideration. Accordingly, I.A.No.1/2023 is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE VB/Ct-cmu/LIST NO.: 1 SL NO.: 30