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2018 DIGILAW 562 (KAR)

Maleshaiah S/o Nadupaiah v. Managing Director Bangalore Electricity Supply Company Ltd.

2018-04-25

S.SUJATHA

body2018
ORDER : 1. The petitioners have sought for a direction to the respondent to enhance the compensation on account of death of son of the petitioners, by way of awarding compensation of Rs.6,00,000/-. 2. Briefly, the facts of the case are that the petitioners are parents of deceased Chidananda, who was on a school vacation and was gracing cattle in the land of one Mr.Hanumanthappa on 25.08.2010 at about 12 noon, a live electric wire had got cut from the pole and had fallen on the ground on which he had stepped and suffered fatal electric shock and died on the spot. The petitioners gave complaint before the jurisdictional police station. The jurisdictional Authority made a detailed enquiry and submitted the report. The Deputy Electrical Inspector, Tumkur Sub-Division, Tumakuru reported to the Principal Secretary, Department of Power, regarding the death of son of the petitioners and submitted report stating the negligence on the part of the respondent. Respondent has given compensation amount of Rs.1,00,000/-. Being aggrieved by the same, petitioners are before this court. 3. At the outset, learned counsel Sri.G.C.Shanmukha, appearing for the respondent has raised objection in as much as maintainability of the writ petition. On this point, learned counsel for the petitioners has relied upon the following decisions: 1. CIVIL APPEAL NO.7137/2013, in the case of KISHAN GOPAL & ANOTHER V/S. LALA AND OTHERS. 2. K.SENTHIL V/S. GOVERNMENT OF TAMIL AND OTHERS reported in W.P.NO.32348/2012 IN THE HIGH COURT OF MADRAS. 3. BIBEKANADA DASH AND ANOTHER V/S. C.E.O., NESCO (ELECTRICAL) BALESORE AND OTHERS, reported in W.P(C).NO.18039/2008 IN THE HIGH COURT OF ORISSA, CUTTACK. 4. Learned counsel for the respondent has placed reliance on the following Judgments: 1. W.P.Nos.54502506/2015 AND ALLIED MATTERS, in the case of SRI.P.MALAPPA AND OTHERS V/S. THE BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) AND OTHERS. 2. W.P.NO.9667/2014, in the case of ASHWINI MANOJ PATIL AND OTHERS V/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM).. 3. W.P.No.52510/2014, in the case of SMT.LAKSHMIDEVAMMA V/S. MANAGING DIRECTOR. 5. W.P.Nos.54502506/2015 AND ALLIED MATTERS, in the case of SRI.P.MALAPPA AND OTHERS V/S. THE BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) AND OTHERS. 2. W.P.NO.9667/2014, in the case of ASHWINI MANOJ PATIL AND OTHERS V/S. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM).. 3. W.P.No.52510/2014, in the case of SMT.LAKSHMIDEVAMMA V/S. MANAGING DIRECTOR. 5. Learned counsel for the petitioners placing reliance on the judgments referred to above would contend that in terms of the circular dated 09.05.2013 issued by the BESCOM, compensation for proven electrical accidents after the receipt of electrical inspectorate report in respect of fatal human has been enhanced to Rs.2,00,000/-, for 69 years old and above plus Rs.3,000/- for reduction of every year in age and duly deducting the spot payment already made. However, it is contended that the amount fixed in terms of this circular is unreasonable and the petitioners are entitled to Rs.6,00,000/- towards the damages. 6. In order to consider the respective arguments of the learned counsel for the parties, it is beneficial to refer to the judgments cited by the learned counsel appearing for the parties. In the case of MALAPPA supra, the Coordinate Bench of this Court elaborately considering the judgments referred to by the learned counsel for the petitioners, has taken a decision that the writ petition is not maintainable under Article 226 of the Constitution of India and the claimant/petitioner should approach the Civil Court by way of Civil Suits, where all the disputed questions of facts can be established with relevant evidence proved in accordance with law to claim compensation under the provisions of the Fatal Accidents Act, 1855. This judgment has been followed in the subsequent judgments of this Court as referred to, by the learned counsel for the respondent. Similarly, another Coordinate Bench of this Court has taken a similar view in the case of ASHWINI MANOJ PATIL AND OTHERS supra. 7. In the light of these judgments, there is no reason for this Court to differ from the view taken by the Coordinate Benches of this Court. Similarly, another Coordinate Bench of this Court has taken a similar view in the case of ASHWINI MANOJ PATIL AND OTHERS supra. 7. In the light of these judgments, there is no reason for this Court to differ from the view taken by the Coordinate Benches of this Court. However, considering the subsequent circular dated 19.05.2013 issued by the BESCOM and the interim compensation awarded by this Court in W.P.No.52510/2014, this Court directed the respondent to pay the provisional compensation of Rs.1,00,000/- to the petitioners by order dated 05.04.2018 which has been duly complied with, today by the respondent, handing over a cheque bearing No.725459 dated 16.04.2018 drawn on State Bank of India, Madhugiri High School Road, Madhugiri, to the first petitioner who is present before the Court duly identified by her counsel. 8. In the circumstances, delay in filing the civil suit is condoned subject to the petitioners availing such remedy within a period of two months from the date of the receipt of certified copy of the order. If such civil suit is preferred by the petitioners, the Court shall not raise any objection of limitation and shall proceed to decide the matter on merits in accordance with law. No order as to costs. With the above observations, writ Petition stands disposed of.