The above Writ Petition is filed seeking for the

following reliefs:

Issue a Writ of Mandamus or any other

appropriate Writ order or direction directing the

Respondent to enhance compensation on account

of death of the wife of the Petitioner by name

Smt.Channamma by awarding compensation of

`6,00,000/-

2.

It is the case of the original Petitioner that, he

being a resident of Kalabasavanahundi village, Talakadu

Hobli, T. Narasipura Taluk, Mysuru District, on 14.09.2007,

his wife - Smt. Channamma who was working as an

agriculturist and was collecting fire wood in front of the

Petitioner house, the electric pole belonging to the

Respondent which contained a live electric wire had got cut

from the pole and had fallen on the ground which was not

noticed by the Petitioner's wife who unintentionally

4

stepped on the same and suffered fetal electric shock, due

to which, she died on the spot.

3.

A

complaint

was

lodged

before

the

jurisdictional Talkadu Police Station in UDR No.16/2007;

that the Deputy Electrical Inspector Mysuru North Mysuru

vide letter dated 25.2.2008 recommended to the Principal

Secretary, Department of Power regarding the death of

wife of the Petitioner stating that negligence was on the

part of the Respondent and also for payment of

compensation to the Petitioner. The Respondent has paid

a sum of `1,00,000/- as compensation to the original

Petitioner. The Petitioner gave a representation dated

03.08.2013 requesting for payment of compensation due

to negligence of the Respondent. Since no further

compensation is paid, the present Writ Petition is filed

seeking suitable reliefs.

4.

During pendency of the Writ Petition, the

Petitioner having died and the legal representatives of the

5

Petitioner being the children and grand children have been

brought on record.

5.

The Respondents have entered appearance

and filed statement of objections.

6.

The Respondents have contended that the

Writ Petition is instituted belatedly after a lapse of nine

years of the death of the Petitioner's wife. Further, original

Petitioner was paid a sum of `1,00,000/- towards

compensation on 25.02.2008 and it was accepted by the

Petitioner; that after receiving the said compensation and

after a lapse of nine years, the present writ petition is

filed seeking for further compensation which is not liable to

be granted. It is further contended that if the

Petitioner/legal representatives of the Petitioner have to

claim any further compensation they have to institute a

civil suit claiming damages. Hence, seeks for dismissal of

the Writ Petition.

7.

Learned counsel for the Petitioner reiterating

the case putforth in the Writ Petition contends that on

6

considering the similar cases where death is occurred due

to

electric

shock,

this

Court

has

granted

higher

compensation. She further submits that, the compensation

payable for fatal accidents in the case of death due to

electrocution is required to be calculated as is done in

cases involving motor accidents and hence, the same is

required to be done in the present case also.

8.

Learned counsel for the Petitioner has relied on

following judgments:

a. Narayana Vs. Managing Director¹;

b. Sakamma V. Managing Director²;

c. Mrs.Rekha v. Karnataka Power Transmission

Corporation Ltd., and Ors., ³

9.

Learned counsel for Respondent reiterating the

stand taken by the Respondent in the statement of

objections contends that the Writ Petition that no further

compensation is liable to be granted and seeks for

dismissal of the Writ Petition.

1 W.P. No.35910/2016 DD. 05.10.2018

2 W.P. No.35861/2016 DD 19.04.2018

3 WP.No.1383/2020 a/w conn.matters, DD 4.8.2022

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10.

A copy of the proceedings of the Karnataka

Power Transmission Corporation Limited (for short 'KPTCL')

in order No.KPTCL/B7/2476/95-96 Vol 1 Bengaluru, dated

09.11.2017 is also placed on record.

11.

I have considered the submissions of the

learned counsel for the Petitioner and the learned counsel

for Respondent and perused the material on