- 1 - HC-KAR NC: 2025:KHC:49801 WP No. 6987 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6987 OF 2023 (GM-AC) BETWEEN: SRI. MADAN. R S/O RAMALINGAPPA AGED ABOUT 22 YEARS R/AT CHIKKONAHALLI GOPANAHALLI POST CHALLKERE TALUK CHITRADURGA DISTRICT CHITRADURGA- 577522. …PETITIONER (BY SRI. THYAGARAJA S., ADV.) AND: 1. SMT. SHANTHAVEERAMMA W/O THAMMANNA R/O YALAGATTA, GOLLARAHATTI CHALLAKERE TALUK CHITRADURGA DISTRICT-577501 (OWNER OF THE OFFENDING VEHICLE REG.NO.KA-16-TA-1124). 2. M/S. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., REP. BY IT’S THE MANAGER REGIONAL OFFICE AT 1ST FLOOR SNR ARCADE, IYAPPA TEMPLE ROAD Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49801 WP No. 6987 of 2023 JALAHALLI CROSS, PEENYA BANGALORE-560057. …RESPONDENTS (BY SRI. T SRINIVASAMURTHY, ADV. FOR R1 SRI PRADEEP B., ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE XXIII ADDL. SMALL CAUSES JUDGE AND ACMM AT BENGALURU (SCCH-25) IN M.V.C NO.4333/2020, PERUSE THE SAME AND CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE ORDER DATED 08.12.2022 PASSED ON IA FILED UNDER SECTION 151 OF CPC IN M.V.C. NO.4333/2020 ON THE FILE OF THE XXIII ADDL. SMALL CAUSES JUDGE AND ACMM AT BENGALURU (SCCH-25) IN MVC NO.4333/2020 VIDE ANNX-E 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 E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 08.12.2022 passed on I.A. in MVC No.4333/2020 by XXIII Additional Small Causes Judge and ACMM at Bengaluru (Annexure-E). - 3 - HC-KAR NC: 2025:KHC:49801 WP No. 6987 of 2023 3. Having taken note of the submissions made by the learned counsel for the parties, the Tribunal has dismissed the claim petition preferred by the petitioner herein on the ground of territorial jurisdiction. 4. Taking into consideration the amendment made to Section 166 of the Motor Vehicles Act, I am of the view that, the claim petition is maintainable before the Tribunal and therefore the observation made by the Tribunal at paragraph 5 of the impugned order at Annexure-E requires to be set aside. 5. Accordingly, I pass the following: ORDER (i) The writ petition is allowed. (ii) The order dated 08.12.2022 passed on I.A. in MVC No.4333/2020 by XXIII Additional Small Causes Judge and ACMM at Bengaluru is hereby set-aside and the claim petition is restored to file before the Competent Tribunal. - 4 - HC-KAR NC: 2025:KHC:49801 WP No. 6987 of 2023 (iii) In order to avoid further delay in the matter, the parties are directed to appear before the Tribunal on 05.01.2026. On appearance of the parties, the Tribunal is directed to dispose of the claim petition expeditiously. SD/- (E.S.INDIRESH) JUDGE MPK CT:bms List No.: 1 Sl No.: 42