- 1 - HC-KAR NC: 2025:KHC:22868 WP No. 37927 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37927 OF 2015 (GM-AC) BETWEEN: MASTER C.R. VASANTHAKUMAR S/O LATE RAMESH @ RAMESHACHAR AGED ABOUT 15 YEARS MINOR REPRESENTED BY MATERNAL GRANDMOTHER AND GUARDIAN SMT ANNAPURNAMMA W/O LATE LAKSHMIKANTHACHAR AGED ABOUT 65 YEARS RESIDENT OF KENCHAIAHANAPALYA VILLAGE KORA HOBLI, TUMAKURU TALUK & DISTRICT - 572101 …PETITIONER (BY SRI. MAHAMMAD ALI., ADVOCATE FOR SRI. K P BHUVAN.,ADVOCATE) AND: 1. LAKSHMIKANTHACHAR S/O LATE NARASAPPACHAR AGED ABOUT 70 YEARS (DEAD ON 01.07.2018) 2. SMT SHAKUMTHALAMMA W/O LAKSHMIKANTHACHAR AGED ABOUT 65 YEARS (DEAD ON 01.12.2019) 3. T R RAMAKRISHNAIAH S/O RAMAIAH AGED ABOUT 59 YEARS HOTEL OWNER RESIDENT OF THRUMALAPALYA VILLAGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22868 WP No. 37927 of 2015 CHIKKALTHOTLUKERE POST, KORA HOBLI TUMAKURU TALUK & DISTRICT – 572101 4. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD NO 105/A CEARS PLAZA 136 RESIDENCY ROAD BANGALORE - 560025 …RESPONDENTS (V/O/D 9.9.15 NOTICE TO R3 & R4 IS D/W; V/O/D 11.6.2025 PETITIONER IS TREATED AS LR’s OF DECEASED R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER DATED 3.6.2015 PASSED BY THE COURT OF THE 6TH ADDITIONAL DISTRICT JUDGE & MACT AT TUMAKURU IN M.V.C.NO.949/2006, VIDE ANNEX-D AND TO DIRECT THE COURT OF THE 6TH ADDITIONAL DISTRICT JUDGE & MACT AT TUMAKURU TO APPORTION THE COMPENSATION ONLY BETWEEN THE PETITIONER AND R-2 IN M.V.C.NO.949/2006 BY TAKING INTO CONSIDERATION THE PERCENTAGE OF THE DEPENDENCY OF THE R- 2 AND FURTHER DIRECT THE COURT BELOW THE PAY THE COMPENSATION WITH PROPORTIONATE INTEREST TO THE PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: 1. To issue a writ in the nature of certiorari or any other appropriate writ or order quashing the order dated 3.6.2015 passed by the Court of the 6th Additional District Judge & MACT at Tumakuru in MVC No. - 3 - HC-KAR NC: 2025:KHC:22868 WP No. 37927 of 2015 949/2006, certified copy of which is produced as Annexure-D and be pleased to direct the Court of the 6th Additional District Judge & MACT at Tumakuru to apportion the compensation only between the petitioner and 2nd Respondent in MVC No.949/2006 by taking into consideration the percentage of dependency of the 2nd Respondent and further direct the court below to pay the compensation with proportionate interest to the petitioner. 2. Grant such other reliefs as the Hon’ble Court may be pleased, in the facts and circumstances of the case. 2. Respondents No.1 and 2 being the grandfather and grandmother had filed a proceedings in MVC No.949/2006 before the Fast Track Court-III & Additional M.A.C.T. at Tumakuru on account of the death of the father of the petitioner in the road accident. 3. The petitioner is before this Court aggrieved by the apportionment of the compensation. During the pendency of the above matter, respondents No.1 and 2 have expired leaving the petitioner to be the sole surviving legal heir entitled for the entire compensation. - 4 - HC-KAR NC: 2025:KHC:22868 WP No. 37927 of 2015 4. In that view of the matter, there would be no requirement for passing any particular order in the present matter. 5. Reserving liberty to the petitioner to file necessary application for withdrawal of the compensation amount deposited by enclosing the death certificate of respondents No.1 and 2. Since the entire compensation amount would now enure to the benefit of the petitioner. The petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 24