- 1 - NC: 2025:KHC-D:4109 WP No. 102212 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102212 OF 2022 (GM-CPC) BETWEEN: SRI. H.CHANDRAPPA S/O LATE H.KOTRAPPA, AGED ABOUT 68 YEARS, OCC. RETIRED EMPLOYEE, R/AT. 8TH WARD, KUDLIGI TOWN AND TALUK, DIST. VIJAYANAGARA-583 135. …PETITIONER (BY SRI. RAJENDRA.R.PATIL., ADVOCATE) AND: 1. SMT. KOTRAMMA W/O LATE BASAVARAJA, AGED ABOUT 30 YEARS, OCC. AGRICULTURIST, R/O. SASALAVADA VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGARA-583 135. 2. KUMAR SANJU S/O LATE BASAVARAJA, AGE. 11 YEARS, OCC. STUDENT, 3. MISS. NIKHITHA D/O LATE BASAVARAJA, AGE. 9 YEARS, OCC. STUDENT, 4. MISS. ANVITHA D/O LATE BASAVAJA, AGE. 4 YEARS, OCC. NIL, RESPONDENTS NO.2 TO 4 ARE MINOR, REP. BY THEIR MOTHER NATURAL GUARDIAN, RESPONDENT NO.1. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4109 WP No. 102212 of 2022 5. SRI. V.RAJESH S/O SRI SHIVANNA, AGE. 30 YEARS, OCC: DRIVER OF EIECHER, BUS BEARING REG.NO.KA-35-B-8567, R/AT. HIRE HEGGADAL VILLAGE-583 135, TQ. KUDLIGI, DIST. BALLARI. 6. SRI. SHAHIN SHA VALI S/O SHARMASH, AGED ABOUT 39 YEARS, OCC. BUSINESS, R/AT. BAPOOJI NAGARA, KUDLIGI TOWN AND TALUK, DIST. BALLARI-583 135. 7. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE AT PRIADARSHINI HOTEL, HOSAPETE TOWN AND TALUK, DIST. VIJAYANAGARA-583 201. …RESPONDENTS (BY SRI. KUPPELLUR., ADVOCATE FOR R7; R1, 5 & 6-SERVED AND UNREPRESENTED; R2-4 ARE MINORS REP. BY R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Rajendra R.Patil., counsel for the petitioner has appeared in person. 2. Emergent notice to respondents 1 to 6 was ordered on 21.06.2022. A perusal of the office note depicts that respondents 1, 5 and 6 are served and unrepresented. - 3 - NC: 2025:KHC-D:4109 WP No. 102212 of 2022 Respondents 1, 5 and 6 have neither engaged the services of an advocate nor conducted the case as a party in person. 3. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 15.12.2021 passed by the Court of Senior Civil Judge & JMFC., Kudligi sitting at Sandur on I.A.No.III in MVC. No.330/2019 marked at Annexure-A and consequently, allow the application at I.A.No.III filed by the petitioner vide Annexure-D. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that one Mr.Hanasi Basavaraj died in a road traffic accident on 17.12.2018. The wife and children of Mr.Hanasi Basavaraj filed a claim petition seeking compensation in MVC.No.330/2019 before the Tribunal. The owner, driver and insurance company were the parties to the case. The petitioner contends that he is the father of the deceased. However, the claimants did array him as a party to the proceedings. Hence, he was compelled to move an impleading application. The Trial Court rejected the application - 4 - NC: 2025:KHC-D:4109 WP No. 102212 of 2022 solely on the ground that the father is not dependent on the deceased son and he is not a Class-I heir. The reason accorded by the Tribunal in rejecting an application is untenable. The reason is apparent. It is not in dispute that the petitioner lost his son in a road traffic accident. He being a father of the deceased is a proper and necessary party to the claim petition. The Tribunal has overlooked this aspect of the matter and erroneously rejected the application. In my view, the Trial Court has failed to have regard to the relevant considerations and disregarded relevant matters. Hence, this Court deems it proper to quash the order dated 15.12.2021 passed by the Trial Court. 6. The Writ of Certiorari is ordered. The order dated 15.12.2021 passed by the Court of Senior Civil Judge & JMFC., Kudligi sitting at Sandur on I.A. No.III in MVC. No.330/2019 marked at Annexure-A is quashed. Consequently, the application in I.A.No.III filed by the petitioner vide Annexure-D is allowed. The Tribunal is directed to permit the petitioner (Impleading Applicant) to come on record. - 5 - NC: 2025:KHC-D:4109 WP No. 102212 of 2022 Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH List No.: 1 Sl No.: 57