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High Court of Karnataka · body

2025 DAILYLAW 73117 (KAR)

SRI RAMCHANDRA ACHARYA v. SMT. RANGAMMA N

WP/17133/2025 · 2025-11-19

Suraj Govindaraj

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47634 WP No. 17133 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17133 OF 2025 (GM-RES) BETWEEN: SRI. RAMCHANDRA ACHARYA S/O. SRI. SREEPATI, AGED ABOUT 62 YEARS E/AT NO. 752, 1ST MAIN ROAD, 7TH BLOCK, IIND PHASE, VIDYANAGAR, GIRINAGAR, BSK II STAGE BENGALURU, KARNATAKA - 560 085. …PETITIONER (BY SRI. (CAPT.) ASHOK NAIK, ADVOCATE) AND: 1. SMT. RANGAMMA N W/O. LATE ANANAD AGED 39 YEARS. 2. SRI. VISHNU A. S/O. LATE ANAND G S MINOR AGED 13 YEARS REP. BY HIS MOTHER SMT RANGAMMA BOTH ARE R/AT NO. 147, 1ST MAIN, 1ST CROSS, KK LAYOUT PAPIREDDY PALYA, DEEPA COMPLEX BEHIND NAGARBHAVI 2ND PHASE BENGALURU - 560 072 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47634 WP No. 17133 of 2025 3. SRI. GOVINDA S/O. SRI. LAKSHMAN, AGED ABOUT 57 YEARS R/AT NO. 277/9, 20TH MAIN ROAD MARENAHALLI, VIJAYANAGAR BENGALURU - 560 040. 4. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) HAVING ITS CORPORATE OFFICE AT CAUVERY BHAVAN, K.G.H ROAD BENGALUR REPRESENTED BY ITS MANAGING DIRECTOR BENGALURU CITY 5. THE BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) HAVING ITS CORPORATE OFFICE AT BESCOM, K.R. CIRCLE, BENGALURU - 560 001 REPRESENTED BY TIS MANAGING DIRECTOR BENGALURU CITY …RESPONDENTS (BY SRI. MARUTHI G.B, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DISMISS THE SUIT E.C.A. NO. 26/2024 PENDING, BEFORE XXIII ASCJ. THE MOTOR ACCIDENT CLAIMS TRIBUNAL AND SMALL CAUSES, COURT AT BENGALURU, ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47634 WP No. 17133 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "1. Dismiss the suit E.C.A.No.26/2024 pending, before XXIII ASCJ, The Motor Accident Claims Tribunal and Small Causes, Court at Bengaluru, Annexure wD1. 2. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case." 2. Essentially what the petitioner is contending in the matter is that since there are proceedings, which are pending under Section 304A of the Indian Penal Code, 1860 ('the IPC' for short), proceedings under Section 22 of the Employees Compensation Act, 1923 cannot be proceeded with simultaneously. 3. I am of the considered opinion that the proceedings under Section 304A of the IPC being criminal proceedings, the proceedings under the Employees Compensation Act being one for compensation, they cannot be said to be simultaneous proceedings, both of them are relating to different aspects. - 4 - HC-KAR NC: 2025:KHC:47634 WP No. 17133 of 2025 4. The criminal proceedings are penal proceedings for punishment, if at all there is any mens rea and criminal intent, which is found. Insofar as compensation, the compensation would have to be determined by the Court seized of the ECA matter. 5. No grounds being made out, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 1