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Try out our Premium Member services -- Free for one month.\n\nKarnataka High Court\nBebijan Bashasab Mulla vs The Assistant Executive Engineer ... on 6 November, 2023Bench: M.I.Arun\n                                      -1-\n                                            NC: 2023:KHC-D:12948\n                                                WP No. 84168 of 2013\n                                            C/W WP No. 83468 of 2013\n\n\n\n             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH\n                   DATED THIS THE 6TH DAY OF NOVEMBER, 2023\n                                    BEFORE\n                       THE HON'BLE MR JUSTICE M.I.ARUN\n                   WRIT PETITION NO. 84168 OF 2013 (GM-RES)\n                                     C/W\n                       WRIT PETITION NO. 83468 OF 2013\n            IN WP NO.84168/2013:\n\n            BETWEEN:\n\n            1.   SMT. BEBIJAN BASHASAB MULLA,\n                 AGE: 34 YEARS, OCC: HOUSEHOLD WORK,\n                 R/O: SALAPUR, TQ: RAMDURG,\n                 DIST: BELGAUM.\n\n            2.   KUM. IBRAHIMSAB S/O. BASHASAB MULLA ,\n                 AGE: 19 YEARS, OCC: STUDENT,\n                 R/O: SALAPUR, TQ: RAMDURG,\n                 DIST: BELGAUM.\n\n            3.   KUM. RAMJANSAB S/O. BASHASAB MULLA,\nGIRIJA A\nBYAHATTI         AGE: 17 YEARS, OCC: STUDENT,\nDigitally        R/O: SALAPUR, TQ: RAMDURG,\nsigned by\nGIRIJA A         DIST: BELGAUM.\nBYAHATTI\n\n\n                 SINCE THE PETITIONERS NO.3 BEING A MINOR\n                 REPRESENTED BY HIS NATURAL MOTHER\n                 PETITIONER NO.1.\n                                                       ...PETITIONERS\n            (BY SRI H.M. DHARIGOND, ADVOCATE)\n            AND:\n            1.   THE ASSISTANT EXECUTIVE ENGINEER (ELEC),\n                 O & M SUB-DIVISION, HESCOM MUDHOL,\n                           -2-\n                                NC: 2023:KHC-D:12948\n                                    WP No. 84168 of 2013\n                                C/W WP No. 83468 of 2013\n\n\n\n     TALUK: MUDHOL, DIST: BAGALKOT.\n\n2.   THE EXECUTIVE ENGINEER(ELEC),\n     HESCOM, O & M DIVISION,\n     JAMAKHANDI, DIST: BAGALKOT.\n\n3.   THE MANAGING DIRECTOR ,\n     HESCOM, NAVANAGAR,\n     HUBLI, DIST: DHARWAD.\n                                          ...RESPONDENTS\n(BY SRI G.I. GACHCHINAMATH, ADVOCATE FOR R3)\n\n\n     THIS WRIT PETITION IS FILED UNDER ARTICLES 226\nAND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE\nA WRIT IN THE NATURE OF CERTIORARI TO QUASH THE\nIMPUGNED      ORDER    DATED     18.04.2013    UNDER\nO.P.NO.210/2009 PASSED BY THEPERMANENT LOK-ADALATH\nBELGAUM VIDE ANNEXURE-F IN SO FAR CONTRIBUTORY\nNEGLIGENCE IS CONCERNED AND AWARD JUST AND\nREASONABLE COMPENSATION UNDER THE ALL PERMISSIBLE\nHEADS.\n\n\nIN WP NO.83468/2013:\n\nBETWEEN:\n\n\n1.    THE ASSISTANT EXECUTIVE ENGINEER,\n      (ELEC) O & M SUB DIVISION HESCOM MUDHOL,\n      TAL: MUDHOL, DIST: BAGALKOT.\n\n2.    THE EXECUTIVE ENGINEER,\n      HESCOM, O & M DIVISION,\n      JAMAKHANDI, DIST: BAGALKOT.\n\n3.    THE MANAGING DIRECTOR,\n      HESCOM, NAVANAGAR,\n      HUBLI, DIST: HUBLI.\n                           -3-\n                                NC: 2023:KHC-D:12948\n                                    WP No. 84168 of 2013\n                                C/W WP No. 83468 of 2013\n\n\n\n                                             ...PETITIONERS\n\n(BY SRI G.I. GACHCHINAMATH, ADVOCATE)\n\nAND:\n\n1.   SMT. BIBIJAN BASHASAB MULLA,\n     AGE: 30 YEARS, OCC: HOUSEHOLD WORK,\n     R/O: SALAPUR, TQ: RAMDURG.\n\n2.   KUM. IBRAHIMSAB S/O. BASHASAB MULLA ,\n     AGE: 15 YEARS, OCC: STUDENT,\n     R/O: SALAPUR, TQ: RAMDURG,\n     DIST: BELGAUM.\n\n3.   KUM. RAMJANSAB S/O. BASHASAB MULLA ,\n     AGE: 13 YEARS, OCC: STUDENT,\n     SINCE THE RESPONDENTS NO.2 AND 3 BEING\n     MINORS, REPRESENTED BY THEIR NATURAL MOTHER\n     RESPONDENT NO.1\n\n                                          ...RESPONDENTS\n\n(BY SRI H.M. DHARIGOND, ADV. FOR R1 TO R3)\n\n     THIS WRIT PETITION IS FILED UNDER ARTICLES 226\nAND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL\nFOR RECORDS IN RESPECT OF O.P.NO.210/2009 ON THE FILE\nOF THE PERMANENT LOK ADALAT, BELGAUM; QUASH THE\nIMPUGNED JUDGEMENT AND AWARD DATED 18.04.2013 MADE\nIN O.S.NO.210/2009 PASSED BY THE PERMANENT LOK\nADALAT, BELGAUM PRODUCED AS ANNEXURE-A.\n\n     THESE PETITIONS, COMING ON FOR PRELIMINARY\nHEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE\nFOLLOWING:\n                                -4-\n                                     NC: 2023:KHC-D:12948\n                                         WP No. 84168 of 2013\n                                     C/W WP No. 83468 of 2013\n\n\n\n\n                        COMMON ORDER\n\n      Aggrieved by the order passed in O.P. No.210/2009 by\n\nthe Court of Permanent Lok Adalat, Belagavi, the petitioners\n\nhave preferred W.P. No.84168/2013 and respondents therein\n\nhave preferred W.P. No.83468/2013.\n     2.     For the sake of convenience, the parties are\n\nreferred to as per their status before the Permanent Lok Adalat.\n\n\n     3.     Petitioners are wife and children of late Bashasab\n\nMulla. He was working on the fields belonging to his brother\n\nand was helping fixing of the bore-well. The respondents had\n\nlaid electrical wires in the lands of the brother of the deceased.\n\nWhile fixing the bore-well, the pipe held by the deceased came\n\nin contact with the wire resulting in electrocution and death of\n\nBashasab Mulla. Petitioners made a claim before the Permanent\n\nLok Adalat for compensation. Based on the evidence let in, the\n\nPermanent Lok Adalat came to a conclusion that the live\n\nelectric wire was less than 4.6 meters in height, which was\n\nmandated by the statute and were also not insulated. This act\n\nwas held to be negligence on the part of the respondents.\n\nFurther the accident happened in the broad daylight and the\n                                    -5-\n                                         NC: 2023:KHC-D:12948\n                                             WP No. 84168 of 2013\n                                         C/W WP No. 83468 of 2013\n\n\n\ndeceased was also held to be negligent in not taking care to see\n\nas to where that the wires were and whether it touched with\n\nthe pipe held by him. For that reason, the Permanent Lok\n\nAdalat   came     to   a   conclusion    that   the    respondents      are\n\nresponsible to an extent of 75% for causing the accident and\n\n25% of negligence is attributed against the deceased.\n\n\n    4.      I do not see any reason to differ from the\n\nconclusion of the Permanent Lok Adalat in this regard.\n\n\n    5.      The next question that arises for consideration is:\n\n\n            "Whether        the   compensation        awarded      is\n     appropriate or not?"\n\n    6.      The    Permanent       Lok    Adalat      has   adopted     the\n\nyardstick   adopted        in   Motor    Vehicles     cases   to    award\n\ncompensation and I do not see any error in the same. The only\n\nquestion that arises is about the quantum.\n\n\n    7.      The accident happened in the year 2007. The\n\npetitioners have not established the income of the deceased.\n\nThus it would be appropriate to adopt the notional income as\n\nper the chart prepared by Karnataka Legal Services Authority\n\nand it would be appropriate to fix the income of the deceased\n                                   -6-\n                                        NC: 2023:KHC-D:12948\n                                            WP No. 84168 of 2013\n                                        C/W WP No. 83468 of 2013\n\n\n\nat Rs.4,000/- per month. Admittedly, the petitioner was aged\n\n35 years at the time of the accident and a multiplier of 16 has\n\nto be adopted. Further 40% has to be added towards his\n\nincome as future prospects and given the fact that he had three\n\ndependants, 1/3rd is to be deducted towards his personal\n\nexpenses. Further Rs.70,000/- is awarded towards loss of\n\nestate, funeral expenses and also loss of consortium. Thus,\n\npetitioners would be entitled to a sum of Rs.7,16,800/-\n\n(Rs.4,000 X 12 X 16 + 40% X 2/3rd + Rs.70,000/-) as against\n\nRs.5,76,000/-. Thus, the petitioners would be entitled to a sum\n\nof Rs.7,86,800/-. If 25% is deducted from the same, towards\n\nnegligence on the part of the deceased, the petitioners will be\n\nentitled to a sum of Rs.5,91,100/- as against Rs.4,65,000/-\n\nawarded by the Tribunal.\n\n\n     8.      Given the bank rate of interest, I am of the opinion\n\nthat the petitioners would be entitled to an interest at the rate\n\nof 6% p.a. from the date of petition before the Permanent Lok\n\nAdalat till realization.\n\n\n     9.      The    respondents     are   directed   to   pay   the\n\ncompensation to the petitioners within a period of six weeks\n                                  -7-\n                                       NC: 2023:KHC-D:12948\n                                           WP No. 84168 of 2013\n                                       C/W WP No. 83468 of 2013\n\n\n\nfrom the date of receipt of certified copy of this order after\n\ndeducting the payments already made.\n\n\n        The writ petitions are disposed off accordingly.\n\n\n\n\n                                           Sd/-\n                                          JUDGE\n\n\nRSH / Ct-mck\nList No.: 1 Sl No.: 44