- 1 - NC: 2025:KHC:11278 WP No. 6921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6921 OF 2025 (GM-CPC) BETWEEN: SRI. T. VASUDEVA REDDY S/O VEERANAGI REDDY AGED ABOUT 57 YEARS R/AT NO.43, 3RD MAIN, JYOTHINAGAR NAGARABHAVI 1ST STAGE BENGALURU - 560 072. …PETITIONER (BY SRI. MOHAN K N., ADVOCATE) AND: SRI. HUCHEGOWDA S/O LATE MUNICHIKKAIAH AGED ABOUT 76 YEARS R/AT NO.73, 2ND CROSS 3RD MAIN, JYOTHINAGAR NAGARABHAVI 1ST STAGE BENGALURU - 560 072. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO M.V.C. NO.1807/2021 ON THE FILE OF THE COURT OF THE XIII ADDL. SMALL CAUSES JUDGE, BENGALURU, QUASHING ORDER DATED: 07-02-2025 ON I.A. NO.III IN M.V.C. NO.1807/2021 PASSED BY THE COURT OF THE XIII ADDL. SMALL CAUSES JUDGE AND ACMM, BENGALURU AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11278 WP No. 6921 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner challenging the order dated 07.02.2025 passed by the XIII Additional Judge, Bengaluru on I.A.No.III filed under Order VI Rule 7 read with Section 151 of CPC in M.V.C.No.1807/2021, whereby the trail Court has rejected the said application. 2. The claimant-respondent herein has filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, before the Motor Accident Claims Tribunal, Bengaluru, seeking compensation for the injuries sustained by him in a road traffic accident that occurred on 06.06.2020. After service of summons, the petitioner herein filed a written statement and raised a specific contention that, while the claimant, aged about 73 years, was walking on the footpath without observing any traffic rules, he suddenly fell onto the vehicle due to giddiness. - 3 - NC: 2025:KHC:11278 WP No. 6921 of 2025 As a result of the same, the accident occurred and it is claimed that there was no negligence on the part of the driver of the offending vehicle. 3. After the evidence of PW-1, petitioner herein filed I.A.No.III under Order VI Rule 17 read with Section 151 of the CPC for amendment of the written statement/objection statement, in which the petitioner seeks to delete some paragraphs and replace them with new defense that the claimant, who was riding the motorcycle bearing Registration No.KA-41-EB-6570 without following traffic rules and regulations, has fallen down and has sustained simple injuries. 4. By way of the amendment, the petitioner seeks to introduce the new defense and withdraw the admission made in the written statement, which is not permissible under Order VI Rule 17 of the CPC. Therefore, the Tribunal has rightly rejected the application and there is no error or illegality in the order passed by the Tribunal. - 4 - NC: 2025:KHC:11278 WP No. 6921 of 2025 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 6