(Prayer: This Writ Appeal is filed under Section 4 of the Constitution of India praying to set aside the impugned order of the Learned Single Judge dated 24.06.2025 passed in W.P.No.23161/2024.)

Oral Judgment

Vibhu Bakhru, CJ.

1. For the reasons stated in the affidavit accompanying the application, I.A No.2/2026, is allowed. The delay of 128 days in filing the appeal is condoned.

2. The appellants have filed the present appeal impugning the order dated 24.06.2025 passed by the learned Single Judge of this Court in W.P. No.23161/2024 (GM-KEB), whereby the said petition was not entertained, on the ground that it involved disputed questions of fact. The appellants had filed the said petition, inter alia, praying that directions be issued to respondent Nos.1 to 5 to jointly and severally pay compensation of `50,00,000/- along with interest at the rate of 18% to the petitioners and respondent No.6 for the death of Sri Shiva Kumar.

3. The appellants are the parents and sister of late Shiva Kumar, while respondent No.6 is his widow. Shiva Kumar died on 23.04.2023. It is the case of the appellants that his death was caused due to the negligence on part of the officials of the Karnataka Electricity Board [KEB] and the other respondents.

4. The deceased was employed as a Supplier at Shivam Tea Coffee Centre, located at No.4141-4115, HAL Old Airport Road, HAL 2nd Stage, Kodihalli, Bengaluru. He was aged about 35 years at the time of the incident. It is stated that, on 23.04.2023 at about 09.00 a.m., the deceased had gone to the agricultural field situated close to his residence to undertake certain agricultural work. It is stated that, prior to the said date, the officials of the KEB had installed seven-foot poles in the said field to facilitate the supply of drinking water through a borewell powered by an 11-kilowatt electricity connection. The said wires passed over the appellants' property and were noticed that they were hanging at a dangerously low height.

5. The appellants claimed that this was brought to the notice of the Waterman of Katharaghatta Village (respondent No.4), who was requested to address the issue and take steps to rectify the same. They further claimed that the PDO was also informed of the said issue and requested to take corrective measures. Despite the same, none of the concerned authorities had taken any steps to rectify the defect. While the deceased was working in the field, the three-phase electricity wire fell on his neck, rendering him unconscious. He was thereafter taken to the hospital, where he was declared bought dead.

6. Based on the above, an FIR was also lodged (Crime No.91/2023) for offences punishable under Sections 304 (A) and 34 of the Indian Penal Code. The facts as claimed by the appellants are not admitted by the respondents.

7. The petition is premised on certain disputed questions of fact, which would require to be proved. As is apparent, the appellants' claim is based on an allegation of negligence, which requires to be established.

8. In the given circumstances, we find no fault with the decision of the learned Senior Judge in declining to entertain the writ petition on the aforesaid ground.

9. In view of the above, the appeal is dismissed. However, it is clarified that this would not preclude the appellants from initiating appropriate proceedings seeking compensation as claimed.