- 1 - NC: 2025:KHC:2756 WP No. 16536 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16536 OF 2023 (GM-CPC) BETWEEN: HEMANTH B.P. S/O PARAMESHA B.V. AGED ABOUT 32 YEARS R/AT 2ND CROSS, ARALEPET TUMKUR-572102 PRESENT ADDRESS NO.382 19TH MAIN ROAD, NEAR CANARA BANK IST STAGE, RAJAJINAGARA BANGALORE-560010. …PETITIONER (BY SRI. PHANIRAJ KASHYAP.,ADVOCATE) AND: 1. MOHAMMED SHAHEEM S/O M. HASANABBA R/AT DOOR NO.2-169/2 SHANTHI NAGARA MASRUE ROAD KAVUR, MANGALORE, D.K.-575015. 2. THE ORIENTAL INSURANCE COMPANY LTD BEAUTY PLAZA, 2ND FLOOR BALMATTA ROAD, HAMPANAKATTA MANGALORE-575001. REP BY GENERAL MANAGER REGISTERED UNDER THE COMPANIES REGISTRATION ACT, 1956 …RESPONDENTS (BY SRI. KRISHNAMOORTHY D.,ADVOCATE FOR R1: NOTICE TO R2 IS SERVED AND UNREPRESENTED) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2756 WP No. 16536 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN I.A. UNDER ORDER 6 RULE 17 OF CPC DATED: 09.03.2023 IN MVC NO. 962/2020 PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE AT DAKSHINA KANNADA VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE IA FILED UNDER ORDER 6 RULE 17 OF CPC FILED BY THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by the respondent No.1 – the owner of the offending vehicle, challenging the order dated 09.03.2023 passed by the Principal District and Sessions Judge, Mangaluru on IA filed under Order VI Rule 17 r/w. Section 151 of CPC in MVC No.962/2020, whereby the application filed by the petitioner has been rejected. 2. The first respondent, who is the claimant, filed a claim petition under Section 166 of the Motor Vehicles Act in MVC No.962/2020 before the Principal District and Session Judge, Dakshina Kannada, Mangaluru. Petitioner is the respondent No.1, who is the owner of the offending vehicle. After service of summons he filed a written - 3 - NC: 2025:KHC:2756 WP No. 16536 of 2023 statement. When the matter is posted for evidence of the parties, he filed an application for amendment of written statement. The application is dismissed. Being aggrieved by the same, the first respondent - owner is before this Court. 3. The petitioner, by amendment, sought to include some of the paragraphs in the written statement stating that the accident has occurred due to the contributory negligence of the claimant as well as the driver of the offending vehicle and also the claimant did not possess the licence. Considering the amendment sought by the petitioner, it is very much required to take this defence in the motor vehicles claim. In the interest of justice, I am of the opinion that the matter requires to be allowed. 4. Accordingly, the following order is passed: (i) Writ petition is allowed. (ii) The order dated 09.03.2023 passed by the Principal District and Sessions Judge, - 4 - NC: 2025:KHC:2756 WP No. 16536 of 2023 Mangaluru on IA filed under Order VI Rule 17 of CPC in MVC No.962/2020 is set aside. (iii) IA filed by the petitioner under Order VI Rule 17 of CPC is allowed. (iv) The Tribunal is directed to dispose of the matter as expeditiously as possible, not later than six months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 70