- 1 - NC: 2025:KHC-D:5442 WP No. 108245 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 108245 OF 2016 (GM-AC) BETWEEN: THE MANAGER, BHARTI AXA GENERAL INSURANCE COMPANY LTD., FIRST FLOOR, CENTRAL BUILDING, OPP: VIDYANAGAR POLICE STATION, VIDYANAGAR, HUBBALLI-580 021, TALUK: HUBBALLI, DIST: DHARWAD. … PETITIONER (BY SRI. S.K.KAYAKAMATH., ADVOCATE) AND: 1. KUMAR. AKASHYA S/O CHANDRAKANTH SOUNDALAGI, AGE: 19 YEARS, OCC: STUDENT AND AGRICULTURE, R/O: CHINCHALI VILLAGE, TALUK: RAIBAG, DIST: BELAGAVI. 2. SHRI. MAHENDRA S/O ANNASAB DANDAPURE, AGE: 26 YEARS, OCC: RIDER CUM OWNER, R/O: CHINCHALI VILLAGE, TALUK: RAIBAG, DIST: BELAGAVI. … RESPONDENTS (BY SRI. ASHOK A.NAIK, ADVOCATE FOR R1; R2-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5442 WP No. 108245 of 2016 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.K.Kayakamath., counsel for the petitioner and Sri.Ashok A.Naik., counsel for respondent No.1 have appeared in person. 2. An emergent notice to respondent No.2 was ordered on 29.11.2016. A perusal of the office note depicts that respondent No.2 is served and unrepresented. Respondent No.2 has 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 17.08.2016 passed by the Senior Civil Judge and JMFC, Raibag on interim application filed under Order XI Rules 12 and 14 read with Order XVI Rule 1 and 6 read with Section 151 of CPC in MVC No.1423/2015 vide Annexure-K. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC-D:5442 WP No. 108245 of 2016 5. Suffice it to note that the claimant Kumar Akshay filed the claim petition seeking compensation on account of the injuries sustained by him in road traffic accident. The insurance company filed an application for issuance of witness summons to Dr.S.S.Bane, General Surgeon directing him to produce the OPD Card, Admission Card, Wound Certificate, entire Case Sheet/ Summary Sheet, MLC Records, MLC Intimation, MLC Register, Discharge Card/ Discharge Summary and all other medical records pertaining to the claimant and give evidence. The order of the Tribunal is furnished along with the Writ Petition and the same is marked as Annexure-K. A perusal of the order reflects that except for saying that the treated Doctor has already been examined and the owner of the vehicle has been placed ex-parte, nothing has been stated by the Tribunal for the rejection of the application. The insurance company has sought issuance of the witness summons and they are required for the case. Moreover, no prejudice would be caused to the respondents if the same is ordered. This has been overlooked by the Tribunal and erroneously rejected the application. Therefore, this Court deems it proper to quash the order passed by the Tribunal. - 4 - NC: 2025:KHC-D:5442 WP No. 108245 of 2016 6. The Writ of Certiorari is ordered. The order dated 17.08.2016 passed by the Senior Civil Judge and JMFC, Raibag on interim application filed under Order XI Rules 12 and 14 read with Order XVI Rule 1 and 6 read with Section 151 of CPC in MVC No.1423/2015 vide Annexure-K is quashed. The Tribunal is directed to dispose of the case as expeditiously as possible. 7. Resultantly, the Writ Petition is allowed. 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 RH/MRP LIST NO.: 1 SL NO.: 45