IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 13^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

WRIT PETITION NO.31842/2008 (GM-RES)

BETWEEN:

KUMARI TIPPAMMA ALIAS TIPPAVVA

D/O: SHRI SANNA HULIGEPPA,

AGED ABOUT: 15 YEARS,

OCC: NIL, REP. BY

HER NATURAL FATHER, GUARDIAN,

SHRI SANNA HULIGEPPA

S/O; SANNA HULIGEPPA,

AGED ABOUT: 65 YEARS,

OCC: ASTROLOGY,

R/O: ASHRAYA YOJANE COLONY,

W.NO.23, M.D.CAMP, KAMPLI,

TQ: HOSPET, DIST: BELLARY.

….PETITIONER

(BY SRI B.SHARANABASAWA, ADVOCATE)

AND:

1.

THE CHIEF ENGINEER

O & M DIVISION, GESCOM,

TAALUR ROAD, BELLARY,

TQ & DIST: BELLARY.

2.

THE MANAGING DIRECTOR

GESCOM – GULBARGA,

TQ & DIST: GULBARGA.

2

3.

THE EXECUTIVE ENGINEER

O & M DIVISION,

GESCOM –T.B.DAM ROAD,

HOSPET, TQ: HOSPET,

DIST: BELLARY.

4.

SHRI AMARNATH

S/O: GURUSHANTH SHASTHRI,

AGED ABOUT: 36 YEARS,

OCC: TEA POWDER BUSINESS,

R/O: VINAYAKA NAGAR, KAMPLI,

TQ: HOSPET, DIST: BELLARY.

……RESPONDENTS

( BY SMT.PUSHPAVATHI M.DHONGADI, ADV. FOR R1 & R3

SRI. ANOOP G.DESHPANDE, ADV. FOR R2

SRI HANUMANTHAREDDY SAHUKAR, ADV. FOR R4

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE

NATURE OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 3 TO

PAY

THE

DAMAGES/COMPENSATION

FOR

THE

INJURIES

SUSTAINED BY THE PETITIONER FROM THE ELECTRIC WIRES

BELONGING TO THE RESPONDENTS 1 TO 3, AND ISSUE ANY

APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS COURT

DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE

CASE

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

3

ORDER

The present writ petition is filed in the nature of writ of

mandamus seeking to direct the respondent Nos.1 to 3 to pay the

damages/compensation for the injuries sustained by the petitioner

from the live electric wires installed over the house of respondent

No.4.

2.

Heard the learned counsel for the petitioner and learned

counsel appearing for the respondents.

3.

Brief facts of the case are:

It is stated that the petitioner was a minor girl when the

accident was occurred. That on 04.05.2007 when the petitioner

went along with one Manjula who was working as maid servant in

the house of respondent No.4, by saying that if the petitioner does

coolie work then she would be paid Rs.100/- as coolie. Therefore,

the petitioner was lured to work in the house of respondent No.4.

When this being the fact, the petitioner while doing some work on

the terrace of the house of respondent No.4, she came in contact

with live electric wire passing nearby to the roof of the house of

4

respondent No.4 and due to such electrocution, the petitioner

sustained grievous injuries to her right hand and other parts of the

body and immediately she was shifted to VIMS Hospital, Bellary for

treatment. Thereafter, the petitioner has lodged the complaint

before the concerned police and FIR is registered. The petitioner

and her parents are illiterate persons and belongs to poor family

have spent huge money towards the treatment of her daughter.

Therefore, the petitioner is constrained to file suit before the court

of the Civil Judge (Sr.Dn) & JMFC, Hospet, seeking for damages

along with an application is filed under Order 33 Rule 1 to 5 of CPC

to contest the suit as indigent person but the said Civil Court has

dismissed the suit on technical ground of limitation. Even though

there is some delay in filing the suit but considering the substantial

cause involved in the present case, the said delay is very minimal in

nature. Hence, the trial Court ought to have entertained the suit but

without perceiving this aspect in his mind has dismissed the suit as

barred by limitation. Therefore, even the petitioner has approached

the Civil Court for seeking justice by knocking the doors of the

Co