IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 10713 OF 2020 (GM-RES)

BETWEEN:

1. THE MANAGING DIRECTOR CHAMUNDESWARI ELECTRICITY SUPPLY COMPANY LIMITED KUVEMPU NAGAR MYSORE - 570 023.

2. THE DIRECTOR (A AND HR)

K.P.T.C.L KAVERI BHAVAN BENGALURU - 560 009.

3. THE SUPERITENDENT ENGINEER CHAMUNDESWARI ELECTRICITY SUPPLY COMPANY LIMITED, Digitally signed by KUVEMPU NAGAR ARUNKUMAR M S Location: H IGH MYSORE - 570 023.

COURT OF KARNATAKA

4. THE EXECUTIVE ENGINEER CHAMUNDESWARI ELECTRICITY SUPPLY COMPANY LIMITED KUVEMPU NAGAR MYSORE - 570 023.

5. THE ASSISTANT EXECUTIVE ENGINEER CHAMUNDESWARI ELECTRICITY SUPPLY COMPANY LIMITED YALANDUR TALUK CHAMARAJANAGAR DISTRICT - 571 441 …PETITIONERS (BY SRI. LAKSHMIKANTH K.B, ADVOCATE FOR P1, P3, P4 AND P5;

SRI. SHANMUKHA G.C, ADVOCATE FOR P2)

AND:

1. STATE COMMISSIONER OFFICE OF THE STATE COMMISSION FOR THE PERSONS WITH THE DISABILITIES NO.55, 2ND FLOOR, ABBAIAH COMPLEX KARNATAKA SLUM CLEARANCE BOARD BUILDING, SHESHADRIPURAM BENGALURU - 560 020.

2. CHIKKASWAMY S/O MUTTUSHETTY AGED ABOUT 42 YEARS R/O YARIYURU VILLAGE YALANDURU TQ - 571 441 CHAMARAJANAGAR DISTRICT.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;

SRI. LAXMINARAYAN N. HEGDE, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 151 R/W ORDER XLI RULE 19 OF CPC PRAYING TO CALL FOR CONNECTED RECORDS RELATING TO ANNEUXRE-K, DATED 05.06.2020 PASSED IN CASE NO.22/2018-19 ON THE FILE OF THE R-1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. In this writ petition, the petitioners are assailing the order dated 06.05.2020 (Annexure - K) passed by respondent No.1.

2. The facts in the nutshell for the purpose of adjudication of this writ petition are that; the petitioner is a body corporated under Section 5 of the Electricity Supply Act, 1948, regulating the power supply and distribution in the State of Karnataka. It is further stated that respondent No.2 has filed a petition before respondent No.1 seeking compensation on the ground that his son Vikas studying in 7^th standard has met with an unfortunate accident on 13.04.2017, wherein the son of respondent No.2 while playing with the other children had a stick in his hand, which touched the electricity cable which passes through the roof and on account of the same, son of respondent No.2 was injured and thereafter shifted to the District Hospital Chamarajanagara for treatment and as such, son of respondent No.2 sustained injuries to the right hand and became handicap. Hence respondent No.2 has approached respondent No.1 - Commission seeking compensation in Dispute No.22/2018-19. Respondent No.1 by order dated 06.05.2020 directed the petitioner herein to pay compensation of Rs.36,00,000/- with interest at 8% per annum to respondent No.2. Feeling aggrieved by the same, the petitioner herein has presented this writ petition.

3. Heard Sri.Lakshmikanth K.B, learned counsel appearing for the petitioner Nos.1 and 3 to 5, Sri.Shanmukha G.C, learned counsel appearing for the petitioner No.2, Sri.Mahantesh Shettar, learned Additional Government Advocate appearing for respondent No.1 and Sri.Laxminarayan N Hegde, learned counsel appearing for respondent No.2.

4. Sri.Shanmukha G.C, learned counsel appearing for petitioner No.2 contended that respondent No.1 -

Commission has no jurisdiction to award compensation under the provision of the Rights of Persons with Disabilities Act, 2016 and in this regard learned counsel referred to the judgment of the Hon'ble Supreme Court in the case of State Bank of Patiala and Ors. Vs. Vinesh Kumar Bhasin reported in (2010) 4 SCC 368 and argued that respondent No.1 - Commission has no jurisdiction to award compensation, accordingly sought for interference of this Court.

5. Per contra, Sri.Mahantesh Shettar, learned Add