- 1 - NC: 2025:KHC-D:1183 WP No. 100215 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.100215 OF 2025 (GM-AC) BETWEEN: SRI MANJUNATH S/O. GURULINGAYYA HIREMATH, AGE: 45 YEARS, OCC: PIGMY COLLECTION, R/O: DESHPANDE NAGAR, HUBBALLI, NOW AT KILLA, DHARWAD, TQ AND DIST: DHARWAD – 580 001. …PETITIONER (BY SRI R. H. ANGADI, ADVOCATE) AND: 1. SRI CHATRAPPA S/O. NARASAPPA TAMMINAL, AGE: 46 YEARS, OCC: LORRY DRIVER, R/O: AT. GARAJIHAL, TQ: KUSTAGI, DIST: KOPPAL – 583 231. 2. THE DIVISIONAL MANAGER, IFFCO - TOKIO GENERAL INSURANCE COMPANY LTD., NO. 127A, BHAVANI ARCHADE, III FLOOR, NEAR OLD BUS STAND, OPP. BASAVA VANA, NEAR COTTON MARKET, HUBBALLI 580 029. …RESPONDENTS (BY SRI M.Y.KATAGI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASHING THE IMPUGNED ORDER DATED 07/12/2024, IN M.V.C. NO. 591/2019, ON THE FILE IIIRD ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ON APPLICATION FILED UNDER I.A.NO.V AND 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-F AND CONSEQUENTLY ALLOW THE APPLICATIONS FILED UNDER SECTION 151 OF CPC AND ORDER XVI VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 10:53:13 +0530 - 2 - NC: 2025:KHC-D:1183 WP No. 100215 of 2025 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 07/12/2024, in M.V.C. No. 591/2019, on the file IIIRD Additional Senior Civil Judge and CJM, Dharwad, on application filed under I.A.No.V and 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-F 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. The petitioner is the claimant, registers a claim petition in MVC No.591/2019 on 29.08.2019 for seeking - 3 - NC: 2025:KHC-D:1183 WP No. 100215 of 2025 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 : “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 evidence has been closed on 22-2-2023. Thereafter petitioner has filed I.A.No.2 & 3 on 26-9- 2023 for doctor evidence. The same was allowed. Petitioner counsel has received hand summons on 6-10-2023 but not lead evidence in spite of giving four adjournment for doctor evidence. Therefore, matter posted for arguments on 7-12-2023. The respondent counsel filed application for respondent evidence and same was allowed and respondent evidence has been lead on 16-10-2024. 5. On perusal of order sheet it reveals that from 18-7-2024 till 5-9-2024 four adjournments were granted for further evidence of petitioner in spite of it they have not lead evidence and then matter posted for respondent evidence. Then posted for arguments. Hence, present applications. - 4 - NC: 2025:KHC-D:1183 WP No. 100215 of 2025 6. 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 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.N.5 & 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 18-12-2024.” 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 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. - 5 - NC: 2025:KHC-D:1183 WP No. 100215 of 2025 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. (ii) The order dated 07.12.2024 passed on I.A.No.V and VI in M.V.C.No.591/2019 on the file of III Addl. Senior Civil Judge and CJM, Dharwad, stands quashed. (iii) Application so filed by the petitioner is allowed. - 6 - NC: 2025:KHC-D:1183 WP No. 100215 of 2025 (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.: 28