- 1 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 106985 OF 2024(GM-RES) C/W WRIT PETITION NO. 106648 OF 2024(GM-RES), WRIT PETITION NO. 106984 OF 2024(GM-RES), WRIT PETITION NO. 106988 OF 2024(GM-RES) IN WRIT PETITION NO. 106985 OF 2024 BETWEEN: THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, PHARALE BUILDING, K.C. ROAD, CHIKODI, REPRESENTED THROUGH ITS DIVISIONAL OFFICE, THE UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI. REPRESENTED BY ITS DIVISIONAL MANAGER. …PETITIONER (BY SRI. N.R. KUPPELUR, ADVOCATE FOR SRI. S.S. KOLIWAD, ADVOCATE) AND: 1. SMT. KASTURI SATYAPPA PUJARI AGE. 45 YEARS, OCC. HOME MAKER, R/O. EXAMBA, TQ. CHIKODI, DIST. BAGALKOT-593107. 2. SRI. VITHAL S/O SATYAPPA PUJARI AGE. 29 YEARS, OCC. STUDENT, R/O. EXAMBA, TQ. CHIKODI, DIST. BAGALKOT-593107. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER 3. KUMARI MAHADEVI D/O SATYAPPA PUJARI AGE. 27 YEARS, OCC. STUDENT, R/O. EXAMBA, TQ. CHIKODI, DIST. BAGALKOT-593107. 4. SHRI ROHIT S/O DILIP KILLIKETH, AGE. MAJOR, OCC. BUSINESS, R/O BEKKERI, TQ. RAIBAG, DIST. BELAGAVI, PIN-59107 (OWNER OF TEMPO TOOFAN BEARING NO. KA-23/N-4022) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY HIGH COURT LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA NO.100725/2024 A/O IN MVC NO.594/2017, PASSED BY PRL. SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, ORDER DATED.13-07-2024 AS ANNEXURE-B & ETC., IN WRIT PETITION NO. 106648 OF 2024 BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, PHARALE BUILDING, K.C.ROAD, CHIKODI, REPRESENTED THROUGH ITS DIVISIONAL OFFICE, THE UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI. REPRESENTED BY ITS DIVISIONAL MANAGER. …PETITIONER (BY SRI. N.R. KUPPELUR, ADVOCATE FOR SRI. S.S. KOLIWAD, ADVOCATE) - 3 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER AND: 1. SHRI. RAMACHANDRA S/O SIDDAPPA DHANAGAR AGE. 40 YEARS, OCC. SHEPHERD AND AGRICULTURE, R/O. EXAMBA, TQ. CHIKODI, DIST. BAGALKOT-593107. 2. SHRI. ROHIT S/O DILIP KILLIKETH AGE. MAJOR, OCC. BUSINESS, R/O. BEKKERI, TQ. RAIBAG, DIST. BELAGAVI-59107. (OWNER OF TEMPO TOOFAN BEARING NO.KA-23/N-4022) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDERS PASSED BY LOK-ADALAT HIGH COURT LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA NO.100745/2024 A/O IN MVC NO.595/2017, PASSED BY PRL. SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, AND ORDER DATED 13-07-2024 AS ANNEXURE-B. IN WRIT PETITION NO. 106984 OF 2024 BETWEEN: THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, PHARALE BUILDING, K.C ROAD, CHIKODI, REPRESENTED THROUGH ITS DIVISIONAL OFFICE, THE UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI. REPRESENTED BY ITS DIVISIONAL MANAGER. …PETITIONER (BY SRI. N.R. KUPPELUR, ADVOCATE FOR SRI. S.S. KOLIWAD, ADVOCATE) - 4 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER AND: 1. SHRI SAVANT S/O SHANKAR DHANAGAR AGE. 62 YEARS, OCC. SHEPHERD AND MILK VENDING, R/O. EXAMBA, TQ. CHIKODI, DIST. BAGALKOT 593107. 2. SHRI. ROHIT S/O DILIP KILLIKETH AGE. MAJOR, OCC. BUSINESS, R/O. BEKKERI, TQ. RAIBAG, DIST. BELAGAVI-59107. (OWNER OF TEMPO TOOFAN BEARING NO.KA-23/N-4022) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDERS PASSED BY LOK-ADALAT HIGH COURT LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA NO.100747/2024 A/O IN MVC NO.596/2017, PASSED BY PRL. SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, ORDER DATED 13-07-2024 AS ANNEXURE-B. IN WRIT PETITION NO. 106988 OF 2024 BETWEEN: THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, PHARALE BUILDING, K.C ROAD, CHIKODI, REPRESENTED THROUGH ITS DIVISIONAL OFFICE, THE UNITED INDIA INSURANCE CO. LTD., MARUTI GALLI, BELAGAVI. REPRESENTED BY ITS DIVISIONAL MANAGER. …PETITIONER (BY SRI. N.R. KUPPELUR, ADVOCATE FOR SRI. S.S. KOLIWAD, ADVOCATE) - 5 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER AND: 1. SRI. MALLAPPA S/O SIDDAPPA HEGGE AGE. 45 YEARS, OCC. SHEPHERD AND MILK VENDING, R/O. EXAMBA, TQ CHIKODI, DIST. BAGALKOT 593107. 2. SHRI. ROHIT S/O DILIP KILLIKETH AGE. MAJOR, OCC. BUSINESS, R/O. BEKKERI, TQ. RAIBAG, DIST. BELAGAVI-59107. (OWNER OF TEMPO TOOFAN BEARING NO.KA-23/N-4022) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY LOK-ADALAT HIGH COURT LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA NO.100746/2024 A/O IN MVC NO.593/2017, PASSED BY PRL. SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, ORDER DATED 13-07-2024 AS ANNEXURE-B. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 6 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) Sri. N.R. Kuppellur, the learned counsel for the petitioners – an Insurer, submits that the Insurer is constrained to seek interference in these writ petitions with the awards in the corresponding Miscellaneous First Appeals before this Court because these appeals are disposed of in the Lok Adalath, after a reference dispensing with the notice to the owner of the offending vehicle, granting enhancement in the compensation on terms and that this prejudices the Insurer’s right to recover the amount paid in satisfaction of the Tribunal’s awards. The learned counsel emphasizes that the Tribunal in the common judgment and award dated 23.08.2023 in M.V.C. Nos.593-596 of 2017 has specifically permitted the Insurer to recover from the owner. These circumstances are considered to opine on whether there must be interference with the awards drawn in the Lok Adalath without examining whether these petitions must be listed before a learned Single Judge of this Court. The Insurer’s grounds for interference are limited. It is seen from the Lok Adalath’s awards that there is enhancement in the compensation payable without disturbing the Tribunal’s finding that the Insurer - 7 - NC: 2025:KHC-D:2182-DB WP No. 106985 of 2024 C/W WP No. 106648 of 2024 AND 2 OTHER will be at liberty to recover the amount paid. If this finding is not disturbed, there should be no occasion for interference especially when it is undisputed that the owner of the offending vehicle has not filed any appeal calling in question the Tribunal’s opinion that the Insurer can recover the amount paid to the claimant from the owner. The impugned award does not disturb the Tribunal’s direction to pay the claimants to recover from the owner. In the light of the afore, and subject to the observations as aforesaid, the writ petitions stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 27