- 1 - HC-KAR NC: 2025:KHC:37816 WP No. 2719 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2719 OF 2022 (GM-CPC) BETWEEN: 1. NAGALATHA @ LATHA W/O CHANDRA MOHAN AGED ABOUT 44 YEARS R/AT FLAT NO. 305, VAHIN TOWERS 3RD FLOOR, OLD MANGAMMANAPALYA ROAD, BOMMANAHALLI BANGALORE - 560 068. 2. N.V. SOUNDARYA D/O VENKATASHAM SHETTY @ VENKATESH W/O YALLAMPALLI SUBHASH AGED ABOUT 35 YEARS R/AT NO.25, 6TH CROSS SRI. MUNESHWARA LAYOUT VARANASI NEAR MOTHER THERESA SCHOOL BANGALORE - 560 036. …PETITIONERS (BY SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. N P VIDYA W/O LATE N.V. PRAVEEN KUMAR AGED ABOUT 36 YEARS 2. MASTER N.P. MITHUL S/O LATE N.V. PRAVEEN KUMAR AGED ABOUT 16 YEARS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37816 WP No. 2719 of 2022 3. KUM. N.P. LAKSHYA D/O LATE N.V. PRAVEEN KUMAR AGED ABOUT 12 YEARS SINCE RESPONDENTS 2 AND 3 ARE MINORS REPRSENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. N.P VIDHYA ALL ARE R/AT NO. 66/1 1ST FLOOR, 2ND A CROSS 7TH MAIN, NAGENDRA BLOCK 3RD STAGE, BANASHANKARI BANGALORE - 560 050. 4. UNITED INDIA INSURANCE CO. REGIONAL OFFICE 7. P HUB, 5TH AND 6TH FLOOR KRISHIKA SAMAJA BUILDING NRUPATHUNGA ROAD BANGALORE REP. BY ITS MANAGER. 5. P. ANJANAPPA PROP. M/s.VINAYAKA MOTORS AND BYPASS ROAD NH-4, NELAMANGALA BANGALORE RURAL DISTRICT. 6. RELIANCE GENERAL INSURANCE COMPANY LTD., NO.28, 5TH FLOOR CENTENARY BUILDING M.G. ROAD BANGALORE 560 001 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. M B CHANDRACHOODA, ADVOCATE FOR R1-R3; R2 AND R3 ARE MINORS REP. BY R1 SRI. B.C. SHIVANNA GOWDA, ADVOCATE FOR R4; R5 AND R6 ARE SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2025:KHC:37816 WP No. 2719 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-G THE ORDER DATED 09.09.2021 PASSED BY THE VIII ADDL. JUDGE SMALL CAUSES COURT(SCCH-5) AND MACT, BANGALORE, ON I.A. FILED BY THE PETITIONERS UNDER ORDER 22 RULE 3 AND 4 OF CPC AND ALLOW THE SAID APPLICATION AS PRAYED FOR DIRECTING THE VIII ADDL.JUDGE SMALL CAUSES COURT(SCCH-5) AND MACT,BANGALORE, TO DIRECT THE REGISTRY TO DISPERSE 1/4TH SHARE EACH TO THE PETITIONERS IN THE COMPENSATION AMOUNT AWARDED TO THE 5TH RESPONDENT BEFORE THE TRIBUNAL ALONG WITH 1/4TH SHARE EACH TO CLAIMANTS 2 AND 3 WITHIN A SPECIFIED PERIOD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is by the impleading applicants 1 and 2 who claim to be daughters of Sri.Venkatesham also known as Venkatesham Shetty, being aggrieved by an order dated 09.09.2021 passed in MVC No.2026/2015 by which their application filed under Order XXII Rule 3 and 4 read with Section 151 CPC seeking to implead themselves came to be rejected. 2. Brief facts of the case is that one N P Praveen Kumar met with motor vehicle accident on 14.05.2015, resulting in his - 4 - HC-KAR NC: 2025:KHC:37816 WP No. 2719 of 2022 death. Thereupon, his wife and two minor children filed a petition under Section 166 of Motor Vehicles Act, 1989, in MVC No.2026/2015 seeking compensation. In the said proceedings Sri Venkatasham also known as Venkatesham Shetty, the father of deceased N.P. Praveen Kumar was made as respondent No.5. The said MVC No.2026/2015 was partly allowed awarding compensation in a sum of Rs.1,19,18,000/-. Out of which the Tribunal directed the amount to be distributed to the claimants and respondent No.5 as under: Petitioner No.1 Rs.74,96,720/- Petitioner No.2 Rs.10,15,840/- Petitioner No.3 Rs.10,15,840/- Respondent No.5 Rs.23,89,600/- 3. It appears the said proceedings attained finality by order 01.12.2020 passed by this Court in MFA No.1464/2018 along with connected matters. 4. Pursuant to the order of the Tribunal, amounts were partly deposited. That in the meanwhile respondent No.5 in the said MVC proceedings namely Sri.Venkatesham also known as Venkatesham Shetty stated to have passed away on 02.07.2021 consequent upon which the petitioners herein claiming to be his daughters filed the aforesaid application - 5 - HC-KAR NC: 2025:KHC:37816 WP No. 2719 of 2022 seeking to implead themselves in the said MVC proceedings claiming their share from and out of the compensation which was awarded to their father Sri.Venkatesham also known as Venkatesham Shetty, which application came to be rejected against which the present petition. 5. Learned counsel for respondents submits that after passing of the impugned order the amount that was deposited in the name of Sri.Venkatesham also known as Venkatesham Shetty has already been released in favour of the wife and children of deceased N.P.Praveen Kumar. Therefore, he submits present proceedings has become infructuous. 6. In response, learned counsel for petitioners submits if liberty is reserved to the petitioners to seek appropriate relief in accordance with law, the purpose of this petition would be served. 7. Submission taken on record. Without expressing any view on the merits or otherwise of the matter, this petition is disposed of reserving - 6 - HC-KAR NC: 2025:KHC:37816 WP No. 2719 of 2022 liberty to the petitioners to seek such remedy as may be available under law, if so advised. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 13