- 1 - HC-KAR NC: 2025:KHC-D:10941 WP No. 102451 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 102451 OF 2021 (GM-CPC) BETWEEN: 1. SMT. SUNDRAWWA W/O. GIREPPAGOUDA @ GIRIGOUDA PATIL, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. RADERATTI, TQ. GOKAK, DIST. BELAGAVI, PIN 591329. 2. KUMAR LOKANAGOUDA @ LOKESH S/O. GIREPPAGOUDA @ GIRIGOUDA PATIL, AGE: 27 YEARS, OCC: STUDENT, R/O. RADERATTI, TQ. GOKAK, DIST. BELAGAVI, PIN-591329. …PETITIONERS (BY SRI. BAHUBALI N. KANABARGI, ADVOCATE) AND: 1. THE CHAIRMAN AND MANAGING DIRECTOR, SATISH SUGAR LTD., HUNASHYAL P.G., TQ. GOKAK, DIST. BELAGAVI-591329. 2. THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, MOSHIN VEHICLE SERVICE CENTER, TQ. GOKAK, 1ST FLOOR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10941 WP No. 102451 of 2021 APMC YARD ROAD, GOKAK, DIST. BELAGAVI-591329. …RESPONDENTS (BY SRI. U. J. HAVALDAR, ADV. FOR SRI. SHIVRAJ S. BALLOLI, ADV. FOR R1; SRI. S. K. KAYAKAMATH, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 03.06.2021 ON IA NO.15 PASSED BY THE COMMISSIONER FOR EMPLOYEES COMPENSATION, GOKAK IN ECA NO.23/2017 PRODUCED AT ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking the following reliefs: 1) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the order dated 03.06.2021 on IA No.15 passed by the Commissioner for Employees Compensation, Gokak in ECA No.23/2017 produced at Annexure-D in the interest of justice and equity. 2) Grant such other relief as deemed fit in the circumstances of the case and in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:10941 WP No. 102451 of 2021 2. Sri Bahubali N.Kanabargi, learned counsel appearing for the petitioners submits that the petitioners filed an application for compensation under the provisions of the Employees’ Compensation Act, 1923 (‘Act’, for short). It is submitted that in the said proceedings, the petitioners filed an application to implead the Managing Director, Belgaum Sugars Private Limited, Hudali, taluk Gokak, Belgaum district on the ground that the 1st petitioner’s son has met with an accident while coming from Satish Sugars Limited. It is further submitted that the Belgaum Sugars Private Limited is a sister concern of the respondent No.1 herein and the proposed respondent is necessary and proper party for adjudication of the dispute filed by the petitioners before the Commissioner for Employees Compensation. It is submitted that the trial Court without appreciating the fact that the proposed respondent is necessary and proper party proceeded to reject the application on technicalities. Hence, he seeks to allow the petition. 3. Per contra, Sri U.J.Havaldar, learned counsel appearing for Sri Shivraj S.Balloli, learned counsel for respondent No.1 and Sri S.K.Kayakamath, learned counsel for - 4 - HC-KAR NC: 2025:KHC-D:10941 WP No. 102451 of 2021 respondent No.2 support the impugned order of the trial Court and seek to dismiss the petition. 4. I have heard learned counsel for the petitioners, learned counsel for respondents No.1 and 2 and meticulously perused the material available on record. 5. The petitioners have filed application under Section 22 of the Act before the Principal Senior Civil Judge and Commissioner for Employees Compensation, Gokak (‘trial Court’, for short) claiming compensation for the death of son of the 1st petitioner and brother of the 2nd petitioner. The averments made in the claim petition indicate that on 23.12.2016, the deceased Mallanagouda Patil was proceeding on his motorcycle bearing registration No.KA-49/Q-3132 from Satish Sugars Limited towards Gokak. The records indicate that the parties have adduced the evidence and thereafter the petitioners filed an application under Order I Rule 10 of the Code of Civil Procedure to implead the Managing Director, Belgaum Sugars Private Limited, Hudali, Gokak taluk, Belgaum district. The said application came to be rejected by the trial Court under the impugned order. The application filed by the petitioners for - 5 - HC-KAR NC: 2025:KHC-D:10941 WP No. 102451 of 2021 impleadment is accompanied by an affidavit of the 1st petitioner, which does not specify as to how the proposed respondent No.3 is a necessary and proper party to adjudicate the lis between the parties. The petitioners have not made any averment with regard to the liability of the proposed respondent No.3 to pay the compensation and that the accident is caused during the course of employment with the proposed respondent No.3. In the absence of such any assertion in the affidavit, the trial Court was fully justified in rejecting the application. The trial Court has recorded a finding that the proposed respondent is neither necessary nor proper party to adjudicate the lis between the parties and allowing the application would change the scope of the claim. I do not find any error or perversity in the finding recorded by the trial Court calling for interference. Accordingly, the writ petition is devoid of merit and same is rejected. Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 6