- 1 - HC-KAR NC: 2025:KHC:29031 WP No. 12269 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 12269 OF 2025 (MV) BETWEEN: SMT VENKATALAKSHMAMMA W/O. LATE. MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT. VANARASHI VILLAGE, MUDUVADI POST, KOLAR TALUK AND DIST., 563102. …PETITIONER (BY SRI. NAGARAJA M., ADVOCATE) AND: 1. SMT HAMSALEKHA N W/O. LATE. ERAPPA. M, AGED ABOUT 30 YEARS, 2. KUMARI GIRL BABY, ((EESHA NAYAK) NAME AVAILABLE AT PAGE NO. 16 OF THE JUDGMENT AND AWARD AT ANNEXURE -A) D/O. LATE. ERAPPA, AGED ABOUT 5 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN - MOTHER SMT. HAMSALEKHA. N. RESPONDENT NO. 1 & 2 ARE RESIDING AT VANARASHI VILLAGE, MUDUVADI POST, KOLAR TALUK AND DIST., 563102 3. HDFC ERGO GENERAL INSURANCE CO., LTD., (INCORPORATED UNDER COMPANIES ACT 1956) REGISTERED UNDER INSURANCE ACT, 1938 REGIONAL OFFICE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29031 WP No. 12269 of 2025 NO. 25/1, 2ND FLOOR, BUILDING NO. 2, SHANKARANARAYANA BUILDING NO. 1, M.G. ROAD, BENGALURU 560001, REP. BY ITS MANAGER, 4. SRI. RAJENDRA, S/O. RAMAPPA AGE MAJOR, R/AT. NIDAHATTA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562114. …RESPONDENTS (NOTICE TO R1-R4 IS D/W V/O/D 28.7.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 28.01.2025 PASSED ON I.A. NO. VIII UNDER SECTION 151 OF CPC, IN MVC.NO. 110/2020 PASSED BY THE II ADDL. DISTRICT JUDGE AND MACT, KOLAR, PRODUCED AND MARKED AS ANNX-D AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ Petition is filed challenging order at Annexure-D passed on I.A.No.8 at Annexure-C filed by petitioner for release of amount apportioned to share of petitioner. Under impugned order, Tribunal has rejected the same. 2. Sri.Nagaraja M., learned counsel submits, petitioner was respondent no.3 in MVC No.110/2020 at Annexure-A and - 3 - HC-KAR NC: 2025:KHC:29031 WP No. 12269 of 2025 was awarded compensation along with claimants with her share apportioned at 15% of total award. It was submitted as per award only a portion of it namely 5% was released and remaining amount was ordered to be kept in fixed deposit. 3. It was stated petitioner had filed I.A.No.8 for release of only her share of award amount. Therefore, notices to respondents no.1 to 4 would not be necessary as there would be no conflict of interest. It is also submitted that award had attained finality and insurer had deposited award amount. Learned counsel for Petitioner also submits that rejection order passed by Tribunal is without any reason. 4. In view of submission, notice to respondents no.1 to 4 who are other claimants and insurer is dispensed with. 5. Heard learned counsel and perused writ petition records. 6. From above passing of award as per Annexure-A determining compensation for death of petitioner’s son is not in dispute. It is stated that said award has attained finality and - 4 - HC-KAR NC: 2025:KHC:29031 WP No. 12269 of 2025 I.A.No.8 was filed for release of award amount apportioned to share of petitioner. 7. Perusal of impugned order would not reveal any reason for rejection of petitioner’s application. But in application itself petitioner has not indicated particulars of reasons for withdrawal except stating that petitioner is 70 years old and suffering old age ailments and requires money for day- to-day life. While passing impugned order, Tribunal has not made any provision permitting petitioner to withdraw periodic interest. Though learned counsel for petitioner vehemently submitted that petitioner had incurred hand loans and requires money to discharge same, for want of particulars, submission cannot be accepted in toto. 8. Considering facts and circumstances and taking note of ratio laid by Hon’ble Supreme Court in case of General Manager, Kerala S.R.T.C vs Susamma Thomas1, Writ Petition is allowed in part. Tribunal is directed to release a sum of ₹1,50,000/- to petitioner within four weeks and to keep the remaining amount in fixed deposit in any nationalised bank or 1 (1994) 2 SCC 176 - 5 - HC-KAR NC: 2025:KHC:29031 WP No. 12269 of 2025 postal deposit earning highest rate of interest with provision for withdrawal of accrued interest periodically as per convenience of petitioner. Liberty is also reserved for filing application for release of amount in case of need being supported by proper material. Sd/- (RAVI V HOSMANI) JUDGE PRS List No.: 1 Sl No.: 14