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2025 DAILYLAW 12127 (KAR)

THE BRANCH MANAGER v. NEELAPPA AND ORS

WP/203575/2024 · 2025-03-17

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC-K:1633 WP No. 203575 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 203575 OF 2024 (GM-CPC) BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, SANGAMA BUILDING, S.S.FRONT ROAD, VIJAYAPURA, REPRESENTED BY ITS DIVISIONAL MANAGER, KALABURAGI. …PETITIONER (BY SRI MANVENDRA REDDY, ADVOCATE) AND: 1. NEELAPPA S/O COUDAPPA PUJARI, SINCE DECEASED BY LR’S AS RESPONDENT NO.2 TO 4. 2. SAYAWWA W/O NEELAPPA PUJARI, AGE: 66 YEARS, OCC: NIL, 3. ASHWINI W/O YALLAPPA PUJARI, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, 4. ADARSH Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1633 WP No. 203575 of 2024 S/O YALLAPPA PUJARI, AGE: 04 YEARS, M/G BY RESPONDENT NO.3 ALL ARE R/O: AHIRASANG, TQ: INDI, DIST: VIJAYAPURA-556 101. 5. SAGAR S/O GAJANAN PATIL, AGE: 43 YEARS, OCC: BUSINESS, R/O: SHIRGAON, TQ: TASGAON, DIST: SANGLI - 415 311. 6. GAJANAN S/O BHARMU PATIL, AGE: MAJOR, OCC: AGRICULTURE, R/: SHIRGAON, TQ: TASGAON, DIST: SANGLI - 415 311. …RESPONDENTS (BY SRI SANGANAGOUDA V. BIRADAR, ADV., FOR R2 AND R3; V/O. DATED 21.02.2025, R2, R3 TO R4 ARE THE LRS OF R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 09-10-2024 PASSED IN M.V.C. NO.311/2016 BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M. NO.VI AT VIJAYAPURA, AT ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:1633 WP No. 203575 of 2024 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the respondents / claimants submits that the respondents have claimed compensation only against the Tractor involved in the accident and have not made any claim against the owner of the Trailer. 2. He would further submit that, in case the Tribunal gives the finding that the Trailer is involved in the accident and not the Tractor, the respondents will not insist that the owner of the Trailer to be made a party. 3. The submission is placed on record. 4. Under these circumstances, there is no need to interfere with the order passed by the Tribunal which has refused to implead the owner and insurer of the Trailer as party to the proceedings. The petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM/List No.: 2 Sl No.: 4