- 1 - NC: 2025:KHC-D:1184 WP No. 100217 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100217 OF 2025 (GM-AC) BETWEEN: SRI MAHESH S/O. SHRISHAIL TADAKOD, AGE: 24 YEARS, OCC: AGRICULTURE CUM STUDENT, R/O: A/P: SHINGANAHALLI, TQ AND DIST: DHARWAD – 580 001. …PETITIONER (BY SRI R. H. ANGADI, ADVOCATE) AND: 1. SRI MALHIYALAGAN K S/O. KALLAPPAN, AGE: 56 YEARS, OCC: BUSINESS, R/O: 33-C, MARAPPANAICKENPATTY, KUDI STREET, M N PATTY, NAMAKKAL, D. T NAMAKKAL, STATE TAMIL NADU – 637 001. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., NEAR MORE BUILDING, OPPOSITE D H OFFICE, OLD SP CIRCLE, DHARWAD – 580 001. …RESPONDENTS (BY SRI M.Y.KALAGI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH OR ISSUE AN ORDER IN NATURE OF WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 30-11-2024, IN M.V.C. NO. 273/2020, ON THE FILE IIIRD ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ON APPLICATION FILED UNDER I.A.NO. VI UNDER SECTION 151 OF CPC AND I.A.NO.VII FILED ORDER XVI RULE 1 AND 2 R/W SEC 151 OF CPC, VIDE ANNEXURE-E AND CONSEQUENTLY ALLOW THE APPLICATIONS FILED UNDER SECTION 151 OF CPC AND VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 10:53:23 +0530 - 2 - NC: 2025:KHC-D:1184 WP No. 100217 of 2025 ORDER XVI RULE 1 AND 2 R/W SEC 151 OF CPC, WIDE ANNEXURE-C AND D AND E BY ALLOWING THIS WRIT PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer : “Wherefore, for these and amongst other grounds to be urged at the time of hearing it is most humbly prayed that, this Hon’ble court be pleased to kindly quash or issue an order in nature of writ of certiorari, quashing the impugned order dated 30-11-2024, in M.V.C. No. 273/2020, on the file IIIrd Additional Senior Civil Judge and CJM, Dharwad, on application filed under I.A. No. VI under section 151 of CPC and I.A. No .VII filed order XVI Rule 1 and 2 R/W Sec 151 of CPC, vide Annexure-E and consequently allow the applications filed under section 151 of CPC and order XVI Rule 1 and 2 R/W Sec 151 of CPC, wide Annexure-C and D and e by allowing this writ petition.” 2. Heard Sri R.H. Angadi, learned counsel for petitioner and Sri M.Y. Katagi, learned counsel for respondent No.2. - 3 - NC: 2025:KHC-D:1184 WP No. 100217 of 2025 3. The petitioner is the claimant, registers a claim petition in MVC No.273/2020 on 13.07.2020 for seeking compensation to the injuries sustained by him in a road traffic accident. 4. The issue in the lis does not relate to merit of the claim of the petitioner. Before the concerned Court, an application is filed by the petitioner seeking recall of certain witnesses for further cross-examination to substantiate his claim. This comes to be rejected by the following order : “3. Heard and perused. 4. The present petition is filed for compensation for the injuries sustained by the petitioner in motor vehicle accident. Now the present application is filed for issue summons by hands to witness to give evidence. In this case the petitioner has filed I.A.No.4 on 20-7-2023 for issue witness summons to the District hospital Dharwad with respect to the disability certificate and same was allowed and witness summons served and petitioner not lead evidence of doctor. Again on 31-8-2023 filed similar application in I.A.No.5 to issue witness summons to the District hospital Dharwad with respect to the disability certificate and same was allowed and witness summons served and petitioner not lead evidence of doctor. In spite of reissued witness summons on 11-11- 2024 and 29-2-2024 the petitioner has not submitted the PF and RPAD cover. Thereafter matter posted for respondent evidence and respondent has not lead evidence. Hence matter posted for arguments on 3-10- 2024 and on 10-10-2024 the counsel for R.2 submitted, - 4 - NC: 2025:KHC-D:1184 WP No. 100217 of 2025 his arguments and thereafter present application is filed on 22-10-2024 for witness summons and reopen the case for further evidence. The witness in IA.No.4 and 5 and I.A.No.7 are the District hospital Dharwad doctors. Though summons has been issued to the doctors to prove the disability of petitioner on I.A.No.4 and 5 the petitioner has not lead evidence with proper steps. Now the application is filed when matter posted for arguments of petitioner and respondent No.2 already submitted his arguments. At this stage the petitioner contended in the memo of facts that the matter is fixed for further evidence. It is false contention. Hence, the opportunity given to the petitioner to lead the evidence of doctor are not utilized. Hence, it is similar application and for the same relief which two applications were allowed previously for the same relief. Therefore, present applications are not maintainable and liable to be rejected. Hence, I proceed to pass the following:- ORDER The I.A.No.6 filed U/s 151 of CPC and I.A. No.7 U/o 16 Rule 1 and 2 R/W Section 151 of CPC by the petitioner are hereby rejected. For arguments call on 16-12-2024.” 5. The concerned Court rejects the application on the ground that the opportunity given to the petitioner to lead evidence is not utilized and two applications were allowed previously for the same relief. Therefore, the present applications are not maintainable. 6. A perusal at the order aforequoted, would undoubtedly take away the right of the petitioner to - 5 - NC: 2025:KHC-D:1184 WP No. 100217 of 2025 establish the claim for compensation to the injuries sustained in the road traffic accident. In that light, the concerned Court ought to have been a little flexible in allowing the petition of the claimant to substantiate is claim and not thwart the opportunity to a claimant. 7. In that light, I deem it appropriate to allow the application and direct the concerned Court to issue summons to those witnesses for the purpose of recording of evidence. 8. The learned counsel, at this juncture, would submit that the claimants are in the habit of doing such things to get interest. Therefore, the concerned Court shall pass necessary orders with regard to the plea of the respondent’s counsel qua the interest payable at the time of passing of the final orders. 9. For the aforesaid reasons the following: ORDER (i) The Writ Petition is allowed. - 6 - NC: 2025:KHC-D:1184 WP No. 100217 of 2025 (ii) The order dated 30.11.2024 passed on I.A.No.VI and VII in M.V.C.No.273/2020 on the file of III Addl. Senior Civil Judge and CJM, Dharwad, stands quashed. (iii) Application so filed by the petitioner is allowed. (iv) The concerned Court is directed to issue summons to those witnesses whom the petitioner wants to bring in, and regulate its procedure thereafter. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 29