- 1 - HC-KAR NC: 2025:KHC-D:17260 WP No. 108950 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108950 OF 2025 (GM-CPC) BETWEEN: 1. SUNANDA W/O BHIMAREDDI RITTI, AGED ABOUT 57 YEARS, OCC. HOUSE WIFE, R/O. ADUR, TQ. HANGAL, DIST. HAVERI, NOW AT: VISHWESHATEERTHA NAGAR, HANGAL ROAD, HAVERI, TQ. AND DIST. HAVERI. 2. KARNAV S/O PRAVEEN RITTI, AGED ABOUT 11 YEARS, OCC. STUDENT, R/O. ADUR, TQ. HANGAL, DIST. HAVERI, NOW AT: VISHWESHATEERTHA NAGAR, HANGAL ROAD, HAVERI, TQ. AND DIST. HAVERI. 3. SANVI D/O PRAVEEN RITTI, AGED ABOUT 06 YEARS, OCC. NIL, R/O. ADUR, TQ. HANGAL, DIST. HAVERI, NOW AT: VISHWESHATEERTHA NAGAR, HANGAL ROAD, HAVERI, TQ. AND DIST. HAVERI. … PETITIONERS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. PRAVEEN S/O BHIMAREDDI RITTI, AGE. 39 YEARS, OCC. BUSINESS, R/O. #304, VANADANA CORAL ANUGRAHA, L/O. 2ND PHASE, BILEKANALLI, BANGALORE-560 076. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17260 WP No. 108950 of 2025 2. THE DIVISIONAL MANAGER, ACKO GENERAL INSURANCE LIMITED, 2ND FLOOR, #36/5, HUSTELEHUB ONE, EAST, SOMASANDRAPALYA, 27TH MAIN ROAD, SECTOR 2, HSR LAYOUT, BENGALURU, KARNATAKA-560 102. 3. MR. DATTATREYA DIGAMBAR GAWADE, AGE. 33 YEARS, OCC. BUSINESS, R/O. TALUKA PANDHARPUR, TISANGI, SOLAPUR, SONKA MAHARASTRA-413 304. OWNER OF THE EICHER PRO 1110 LORRY BEARING NO. MH-43/BB-5677. 4. THE REGIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, RO HUBLI, ENKAY COMPLEX, NO.2, FLOOR NO.1., KESHWAPUR, HUBLI, DHARWAD, KARNATAKA-580 023. 5. SMT. SHARADA W/O LATE GANGADHAR GALAPOOJI, AGE. 68 YEARS, R/O. #304, VANADANA CORAL, 4TH MAIN, ANURAHA, L/O. 2ND PHASE, BILEKANALLI, BANGALORE-560 076. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 03.10.2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, HAVERI IN MVC NO.325/2023, ON I.A. NO.I, FILED U/O I RULE 10(2) R/W SECTION 151 OF CPC MARKED AT ANNEXURE-H CONSEQUENTLY REJECT THE SAID APPLICATION FILED BY THE RESPONDENT NO.5 HEREIN AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17260 WP No. 108950 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 03.10.2024 passed by learned Principal Senior Civil Judge, Haveri in MVC No.325/2023 on I.A.No.1 filed under Order I Rule 10 (2) read with Section 151 of CPC, allowing I.A.No.1 filed by the mother of the deceased Chetana to come on record as respondent No.5 in a claim petition filed by the daughters of the deceased Chetana. 2. Respondent No.5, who claims to be the mother of deceased Chetana, contends that she is also necessary party to the suit on the premise that she is also dependent on deceased Chetana. That application is allowed. 3. The petitioners are before this Court assailing the said order on the premise that mother of the deceased Chetana is not the legal representative - 4 - HC-KAR NC: 2025:KHC-D:17260 WP No. 108950 of 2025 under the provisions of Motor Vehicles Act, 1988. The Court is of the view that, whether the mother of deceased Chetana was dependent on deceased Chetana or not is a question that is to be adjudicated only in the presence of mother of deceased Chetana. Under these circumstances, the Court does not find any error in the impugned order. 4. Hence, the following: ORDER i. The petition is dismissed. ii. It is made clear that this order should not be construed as having opined that respondent No.5 is dependent of deceased Chetana. Whether she is dependent of deceased Chetana or not and whether she is the legal representative of deceased Chetana or not, is - 5 - HC-KAR NC: 2025:KHC-D:17260 WP No. 108950 of 2025 a matter to be decided after recording the evidence in this behalf. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 28