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2022 Supreme(Kar) 229

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. SUNIL DUTT YADAV, J.
Mrs. Rekha, W/o. Late N. Subramanya & Ors. - Petitioners
Versus
Karnataka Power Transmission Corporation Limited & Ors. - Respondents
Writ Petition No. 1383 of 2020 (GM-KEB) C/W Writ Petition No. 53302 of 2018, Writ Petition No. 6087 of 2019
Decided On : 04-08-2022

Advocates Appeared:
For the Petitioner: Sri Shridhar Prabhu, Sri Clifton D' Rozario.
For the Respondents:Sri H.V. Devaraju, Sri D. C. Parameswaraiah, HCGP, Smt. Padma S. Uttur, Sri S. Sriranga, Senior Advocate For Smt. Sumana Naganand, Smt. B.V. Vidyulatha.

Point of Law: Child has suffered permanent disability of 75% with amputation of left hand. Therefore, loss of earning can be determined by taking into consideration of Notional Income in terms of law.

Headnote:

Constitution of India, 1950 – Article 12, 21, 226 – Indian Electricity Rules, 1956 – Rule 80, 161 – Motor Vehicles Act, 1988 – Indian Electricity Rules, 1956 – Indian Electricity Rules 1952 – Rule 80, 82 – State - Compensation – Apportionment of Liability – Overhead lines - Claim of compensation - Service lines and apparatus on consumer's premises - General safety requirements, pertaining to construction, installation, protection, operation and maintenance of electric supply lines apparatus - Service lines and apparatus on consumer's premises - Provisions relating to safety and electricity supply - Power of High Courts to issue certain writs - Contributory Negligence of Child - Court had declined to entertain claim for compensation while holding that there were disputed questions of facts. However, a close scrutiny to relevant facts of said case would reveal that original suit filed claiming compensation relating to death caused due to electrical accident had come to be dismissed and only subsequently, without challenging dismissal of such suit, writ came to be filed before High Court claiming compensation on same cause of action. (Para 16).

Finding of Court: Compensation could be quantified in terms of settled principles as applied in Motor Vehicles Accidents cases. Solely on ground that determination of compensation would involve certain factual consideration that by itself will not be a ground to relegate petitioners to Civil Court as recorded supra - Taking note of law laid down in (supra), wherein court has adopted principles as applicable under Motor Vehicles Act, compensation is determined in present case following same principle.

Result: Petitions disposed off.

ORDER :

S. Sunil Dutt Yadav, J.

This Order has been divided into the following Sections to facilitate analysis :

I

Preamble

6

II

Prayer

7

III

Facts

8

IV

Contentions of Parties

12

V

Analysis :

A. Nature of Liability of Transmission Utility and Distribution Company :

(a) Liability under Common Law

(b) Liability under Statutory Framework imposing duty to ensure safety during transmission and distribution

22

22

B. Maintainability of Writ Petitions

42

C. Relegation to Civil Court after granting provisional compensation

50

D. Right to claim Compensation irrespective of payment of Exgratia/Solatium Amount

56

E. Apportionment of Liability

57

F. Contributory Negligence of Child

59

VI

Conclusion

63

VII

Quantum of Compensation

74

VIII

Order

87

I. PREAMBLE :

W.P.No.53302/2018, 6087/2019 and 1383/2020 all are legal actions initiated invoking writ jurisdiction claiming compensation by way of a public law remedy consequent upon injuries suffered (W.P.No.53302/2018 and 6087/2019) and death due to electrocution (W.P.No.1383/2020). As the legal basis for relief sought similar, as also the claim being made against the transmission utility and distribution companies i.e., Karnataka Power Transmission Corporation Limited ("KPTCL" for brevity), Bengaluru Electric Supply Company ("BESCOM" for brevity) (W.P.No.53302/2018 and W.P.No.6087/2019) and Chamundeshwari Electric Supply Company ("CESCOM" for brevity) (W.P.No.1383/2020), the matters are taken up together and disposed off by a common order.

II. PRAYER :

2. Following are the relief's sought for in these petitions:

2.1. W.P.No.53302/2018

(a) Issue an appropriate writ, order or direction to respondent nos.1 and 2 directing them to pay compensation of Rs.90,00,000/- to the petitioner along with interest.

(b) Issue a direction to the authorities to install and maintain all the electrical wires, conductors, apparatus etc., in accordance with Electricity Act, Rules and Regulations etc., so that no untoward incident takes place in future.

2.2. W.P.No.6087/2019

(a) Issue an appropriate writ, order or direction to the respondent nos.1 and 2 directing them to pay compensation of Rs.90,00,000/- to the petitioner along with interest thereon.

2.3. W.P.No.1383/2020

(a) Issue a writ of certiorari or any other writ or order or direction of the like nature quashing Order No.KPTCL/B7/2476/95-96 Vol. I BENGALURU dated 09.11.2017 vide Annexure-'A'.

(b) To direct the respondents to pay compensation of Rs.68,74,000/- along with applicable interest.

III. FACTS :

3. The facts giving raise to the petitions in each of the matters are as follows :

3.1. W.P.No.53302/2018

(i) The petitioner who was a student studying in IX Standard, on 19.10.2017 while carrying an iron mop stick while climbing the staircase in her residence came in contact with 11 KV Electrical line and was electrocuted and suffered grievous injuries.

(ii) LIST OF EVENTS:

19.10.2017

Petitioner suffered injuries due to electrocution.

06.01.2018

Vidyaranyapura P.S. registered a First Information Report in Crime No.0007/2018 (Annexure-H - Copy of FIR; Annexure-J - Copy of complaint)

17.09.2018

Electrical Inspector submitted enquiry report (Annexure-R1 to Statement of Objections of respondent no.2)

27.03.2018

The Karnataka State Commission for Protection of Child Rights ("KSCPCR" for brevity) passed an order directing the Respondent No.2 to pay compensation of Rs.50,00,000/- and further directed the second respondent to provide robotic arm to the petitioner (Annexure-K)

02.08.2018

Representation by petitioner to BESCOM to implement the order of KSCPCR

26.09.2018

Representation addressed to the Additional Chief Secretary to the Government, Energy Department to pay compensatio

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