STATE OF KARNATAKA Vs. LALITA

JUDGEMENT

(1.) THIS Appeal by defendants 1 to 3 in O. S. No. 43/1988 on the file of Civil Judge at Yadgir is directed against the judgment and decree dated 30-7-1992 awarding compensation of Rs. 6,69,000/- as compensation to the Respondents 1 to 3 herein.

(2.) THE facts of the cases in brief leading up to this Appeal are as follows. The parties would be referred to with reference to their rank in the Trial Court. The plaintiffs 1 to 3 filed O. S. No. 43/1988 on the file of the Civil Judge, Yadgir, under S. 1a of the Fatal Accident Act seeking compensation of Rs. 8,33,228. 50/- from the defendants. It is averred in the plaint that Narasappa, Son of Bheemappa was working as Accounts Superintendent in the office of the Executive Engineer, S. D. C. Distributory Division, No. 8, Krishnapur on a pay scale of Rs. 1600-40-1800-50-2300, 1900-90-2990. In addition to basic pay he was getting Project allowance of Rs. 75/- and D. A. of Rs. 76/- and thus in 1987 he was getting salary of Rs. 2,051/- p. m. comprising of Rs. 1,900/- basic pay and above said allowances of Rs. 75/- and 76/- respectively. Narasappa was allotted residential quarter No. D-56/2 U. K. P. Camp and he was residing in the said quarters along with his wife and children, the plaintiffs. Residential quarters No. D-68/1 is situated near the residential quarters occupied by Narasappa bearing No. D-56/2. Three rooms in quarter No. D-68/1 were and are used as store room and Defendant No. 5 storekeeper was in charge of the said store room. Remaining three rooms in quarter No. D-68/1 was in occupation of Sangappa who was working on daily wages. It is further averred that it was learnt that in the store room in residential quarter No. D-68/1, explosive materials were stored illegally, unauthorisedly and negligently. No danger mark has been affixed. The said storeroom was never meant for storing explosives like Gelatine and detonates. In view of the said negligent and illegal act of Defendant No. 5 in storing explosives in residential quarters on 11-5-1987 at about 9-30 a. m. while Narasappa was passing on the road near the said quarter No. D-68/1, a big explosion took place in the store room. Due to explosion pieces of windows, Doors, roof flew here and there and said materials hit Narasappa and Narasappa succumbed to the injuries and died at the spot. The plaintiffs who are wife and minor children of deceased filed a suit averring that Narasappa was aged 39 years at the time of his death in fatal accident which occurred due to the gross negligence and illegal act of Defendants 4 and 5 hence Defendants 1 to 3 are also vicariously liable to pay compensation of Rs. 8,33,228. 50 Ps. to the plaintiffs. It is averred that Narasappa was aged 39 years. He was expected to reach the post of Deputy Controller of Accounts in the pay scale of 3170-90-3350-100-3950-120-4430/- and would have earned more than Rs. 15 lakhs till his retirement. He was expected to survive for more than 65 years of his age. He was the sole earning member in the family and plaintiffs and another son Ravi who died on 23-6-1987 were dependent upon his income. Plaintiff No. 1 is deprived of conjugal rights and plaintiffs 2 and 3 have lost love and affection of their father. Wherefore, they claimed compensation of Rs. 8,33,228. 50 Ps. comprising of Rs. 7,33,228. 50 Ps. toward loss of expectation of life of Narasappa and Rs. 1,00,000/- towards loss of conjugal life.

(3.) THE suit was resisted by the defendants. Defendant No. 2 filed Written Statement which was adopted by defendants 1 and 3. Defendant No. 2 admitted that Narasappa who was working as Accounts Superintendent was allotted quarter D-No. 56/2 quarter No. D-68/1 was used as store which was incharge of Defendant No. 5. It is averred that said quarter No. D-68/1 is at a distance of 700' to 800' from the quarter of Narasappa and only T and P Scrap materials were expected to be stored in the said quarter and not blasting materials. Defendant No. 2 was not aware of the fact of storing blasting material in the said quarter No. D-68/1. Averment that Narasappa died due to multiple injuries in the blast was denied. It was also averred that quantum of compensation claimed is exaggerated and Court fee paid is not sufficient and wherefore suit is liable to be dismissed.