- 1 - HC-KAR NC: 2025:KHC:23695 WP No. 18195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18195 OF 2025 (GM-AC) BETWEEN: SHARATH KUMAR N.M, S/O MANJUSHETTY, AGE 29 YEARS, R/AT NO. 48, 2ND CROSS, KADABAGERE, MAGADI ROAD, BANGALORE, ALSO R/AT SUBHASH NAGAR, GUBBI, TUMKUR DISTRICT - 572 216. …PETITIONER (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. MOHAMMED RASHEED JAMAL, S/O MOHAMMED RAZAR, AGE MAJOR, R/AT NO. 23/2, 2ND CROSS, VINAYAKA NAGAR OLD GUDDADAHALLI, BENGALURU - 560 088, OWNER OF MOTORCYCLE BEARING NO.KA-51/Y-8589. 2. THE LEGAL MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., NO 25/1, 2ND FLOOR, BUILDING NO.2, SHANKARANAYANA BUILDING, NO.1, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23695 WP No. 18195 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE CHIEF JUDGE PRL. MACT AT BANGALORE IN MVC 1883/2016 DATED 02.06.2025 VIDE ANNX-E TO THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has called in question the correctness of the order in MVC.No.1883/2016 and sought for release of the entire amount in deposit. 2. It is the case of the petitioner that the claim arises out of an injury and that in case of injury caused, the Tribunal ought to have released the entirety of the amount as the same is required for personal necessity and for treatment. 3. Taking note of the reason assigned, the order dated 02.06.2025 is set aside and the application under Section 151 of CPC dated 02.06.2025 is allowed with a direction to - 3 - HC-KAR NC: 2025:KHC:23695 WP No. 18195 of 2025 the Tribunal to release the entire amount that lies in Fixed Deposit as deposited by the Insurance Company. Accordingly, petition is allowed. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 13 CT: BHK