- 1 - HC-KAR NC: 2025:KHC-D:9365 WP No. 104723 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104723 OF 2025 (GM-AC) BETWEEN: MAST. ANURAJ S/O. KRISHNA TARIHALKAR, AGE: 17 YEARS, OCC: STUDENT, (SINCE, THE PETITIONER IS MINOR R/BY THEIR MINOR GUARDIAN MOTHER) SMT. POOJA KRISHNA TARIHALKAR, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O: BALAGMATTI, TQ & DIST: BELAGAVI – 590 018. …PETITIONER (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SHRI. AMOL D. MAHAGAONKAR, AGE: MAJOR, OCC: BUSINESS, R/O: H. NO.89/A, IIIRD MAIN, 7TH CROSS, SADASHIV NAGAR, BELAGAVI – 590 019. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI – 590 001. 3. THE IFFCO TOKIO GENERAL INSURANCE CO. LTD., 2ND FLOOR, SHIKSHAK BHAVAN, COLLEGE ROAD, BELAGAVI – 590 001, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI.N.R.KUPPELUR, ADVOCATE FOR R2; SRI. S.K.KAYAKMATH, ADVOCATE FOR R3; NOTICE TO R1 IS DISPENSED WITH V/O DATED: 29.07.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ANNEXURE-G, DATED 21-06-2025, IN M V C NO. 2488/2013, ON I A NIL, DATED 11-06-2025, ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI AND ETC., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:03:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9365 WP No. 104723 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Issue a Writ, or direction or order in the nature of certiorari by quashing the Annexure-G, dated 2 1-06-2025, in M. V. C No. 2488/2013, on I.A Nil, dated 11-06-2025, on the file of I Addl. Senior Civil Judge and CJM, Belagavi. B. Issue any other Writ, direction or order which deems fit under the circumstances of the case. 2. The petitioner’s father expired in a road traffic accident. As regards which, MVC No.2488 of 2013 had been filed and the Additional Senior Civil Judge and Additional MACT, Belagavi, had awarded compensation vide award dated 29.04.2014. The same having been challenged before this Court in MFA No. 101489 of 2014 and this Court vide order dated 21.12.2020 had enhanced the compensation to ₹21,57,800/- along with 6% interest. The petitioner being entitled to 20% of the said amount, the said amount was deposited in a fixed deposit till he - 3 - HC-KAR NC: 2025:KHC-D:9365 WP No. 104723 of 2025 attains the age of majority in F.D. No. 916246 dated 21.08.2021 for an amount of ₹3,35,298/-. 3. The petitioner had made an application before the MACT, Belagavi, seeking for release of the entire amount on the ground that the amounts were required for his educational purposes and in support thereof, the petitioner had produced a certificate issued by the college where the petitioner is studying, which indicated that an amount of ₹50,000/- is required per year for institution fees and other expenses. The said application has been rejected. The petitioner is before this court seeking the aforesaid reliefs. 4. The submission of learned counsel for the petitioner is that the petitioner is going to attain the age of majority next year and now the petitioner is 17 years old, the entire amount may be released, which could be made use of by the petitioner for DTDM course, which is a 4 year course, which would require - 4 - HC-KAR NC: 2025:KHC-D:9365 WP No. 104723 of 2025 ₹2,00,000/- as fees and other expenses over the next four years. 5. Having heard the learned counsel for the petitioner, and this Court being vested with the duty to safeguard the interests of the minor, the minor residing with his mother, who has also been awarded compensation @ 40%. The mother is taking care of the interests of the petitioner. I am of the considered opinion that the entire amount cannot be directed to be released, as held by the MACT. 6. Considering that a sum of ₹50,000/- is required per year towards fees and other expenses, I am of the considered opinion that the release of ₹75,000/- per year for the next four years, year on year, at the time of making payment of the tuition fees to the said college, would serve the ends of justice, which would also be subject to the Petitioner producing proof of payment. Hence, I pass the following: - 5 - HC-KAR NC: 2025:KHC-D:9365 WP No. 104723 of 2025 ORDER i. The petition is partly allowed. ii. The order dated 21.06.2025 passed in MVC No.2488/2013 by learned I Additional Senior Civil Judge and CJM, Belagavi is set aside. Consequently, the application under Section 151 of CPC, is allowed. iii. The I Additional Senior Civil Judge and Addl. MACT, Belagavi is directed to release a sum of ₹75,000/- per year, year on year for the next 4 years from and out of the fixed deposit made in the name of the petitioner subject to the petitioner filing the receipts for having made payment of the fees in respect of the course when releasing the next instalment. iv. The balance amount shall continue to be in fixed deposit until orders are passed by the I Additional - 6 - HC-KAR NC: 2025:KHC-D:9365 WP No. 104723 of 2025 Senior Civil Judge and Addl. MACT, Belagavi in that regard. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 64