- 1 - HC-KAR NC: 2025:KHC:31316 WP No. 11571 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11571 OF 2024 (GM-CPC) BETWEEN: M/S. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., NO.26, SITE OFFICE, SOMAPURA, KENGERI, BENGALURU – 560 060. REPRESENTED BY ITS CHIEF HUMAN RESOURCE OFFICER, DR. K.ANANTHA GOWDA, S/O K.LOKAYYA GOWDA, AGED ABOUT 62 YEARS. NO.08/26939 OF 20007-4-2000 INCORPORATED UNDER THE COMPANIES ACT, 1956. …PETITIONER (BY SRI R.SHASHIDHARA, ADVOCATE) AND: 1. ARPITHA M., W/O K.P.MADHAVA RAO, AGED ABOUT 41 YEARS, R/AT ELEGANT AKSHAYA, NO.74, 4TH FLOOR, RAMARAO LAYOUT, 4TH CROSS, KATRIGUPPE, BANASHANKARI 3RD STAGE, BENGALURU – 560 085. 2. THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, NO.9/2, MAHALAKSHMI CHAMBERS, M.G.ROAD, BENGALURU – 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31316 WP No. 11571 of 2024 3. MADHAVA RAO K. P., S/O LATE K.S.PARTHA SARATHI, AGE: MAJOR, R/AT NO.58, 3RD MAIN, BSK III STAGE, KEMPEGOWDA LAYOUT, KATRIGUPPE, BENGALURU – 560 085. AND ALSO R/AT NO.74, 4TH FLOOR, ELEGANT AKSHAY RAMRAO LAYOUT, 4TH CROSS, BSK 4TH STAGE, BENGALURU – 560 085. …RESPONDENTS (BY SRI KENDULI S. M., ADVOCATE FOR R1 AND R3; SRI G.S.MARULAIAH, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, QUASHING THE ORDER PASSED BY THE XXIII ASCJ AND ACMM AT BENGALURU IN MVC NO. 5102/2023 DTD 26.03.2024 VIDE ANNEXURE-G TO THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31316 WP No. 11571 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner-Owner of a lorry bearing registration No.KA-41/A-3192 is before this Court calling in question an order of the concerned Court dated 26.03.2024 by which the application filed by the present petitioner under Order I Rule 10(2) of the Code of Civil Procedure, seeking to implead the owner cum driver of the offending vehicle comes to be rejected. 2. Heard Sri.R.Shashidhara, learned counsel appearing for the petitioner, Sri.Kenduli S.M., learned counsel appearing for respondent Nos.1 and 3, Sri.G.S.Marulaiah, learned counsel appearing for respondent No.2. 3. Facts in brief are as follows: (a) The respondent No.1 is said to have sustained injuries, out of a road traffic accident on 02.02.2023, in a collision between the lorry, and the owner of the offending vehicle, which is the impleading applicant. Therefore, the - 4 - HC-KAR NC: 2025:KHC:31316 WP No. 11571 of 2024 contention of the petitioner was with regard to contributory negligence qua determination of compensation. Therefore, the petitioner prefers an application before the concerned court in M.V.C.No.5102 of 2023 under Order I Rule 10(2) of CPC seeking impleadment of the owner cum driver of the offending vehicle. The concerned Court by the order impugned, rejects the application on the score that the owner cum driver of the offending vehicle need not bear trial in the case for compensation of the victim-respondent No.1. It is this that drives the present petitioner before this Court in the subject petition. (b) The learned counsel would reiterate the averment in the petition to contend that if contributory negligence has to be determined at a later point in time, the owner cum driver of the offending vehicle does become a necessary party. 4. Learned counsel for the proposed respondent-the owner of the offending vehicle would defend the order passed by the concerned Court. - 5 - HC-KAR NC: 2025:KHC:31316 WP No. 11571 of 2024 5. The factum of the accident between the lorry and the owner of the offending vehicle resulting in the injury sustained to the respondent No.1 is a matter of record. The present petitioner prefers an application before the concerned Court seeking under Order I Rule 10(2) of CPC seeking the owner of the offending vehicle to be brought in as a party respondent to the proceeding in M.V.C.No.5102 of 2023. The concerned Court rejects the application. The rejection on the face of it is erroneous, as it is a matter of trial or evidence. Whether the offending vehicle was involved in the accident or otherwise, contributory negligence has to be attributed or otherwise, this has to be determined while granting compensation to the respondent No.1. 6. Therefore, in the light of the admitted fact that there was involvement of vehicles belonging to the present petitioner and the impleading applicant, the concerned Court ought to have permitted the impleading applicant to come on record by allowing the application so filed by the present petitioner. - 6 - HC-KAR NC: 2025:KHC:31316 WP No. 11571 of 2024 7. In that light, the petition deserves to succeed and the order of the concerned Court to be obliterated. 8. The application filed by the petitioner to implead the owner of the offending vehicle stands allowed. The first respondent to amend the Cause Title accordingly. 9. For the aforesaid reasons, the following: ORDER [i] Writ Petition is allowed. [ii] Order dated 26.03.2024 in M.V.C.No.5102/2023 passed by the XXIII ASCJ and ACMM at Bengaluru vide Annexure-G, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 50 CT:SS