- 1 - HC-KAR NC: 2025:KHC:47284 WP No. 41769 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.41769 OF 2019 (GM-AC) BETWEEN: 1. SMT. THIMMAKKA W/O. LATE JUNJANNA, AGED ABOUT 66 YEARS, R/O. THONASANAHALLI, AGALI MANDAL, MADAKASIRA TALUK-515301, ANANTHAPURA DISTRICT., A.P. …PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. SRI ASWATHAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 51 YEARS, R/AT. PILLIGUNDLU, ROLLA MANDAL, MADAKASIRA TALUK-515301, ANATHAPURA DISTRICT, ANDHRAPRADESH. 2. SMT. ALAMMA W/O. ASWATHAPPA AGED ABOUT 45 YEARS, R/AT. PILLIGUNDLU, ROLLA MANDAL, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47284 WP No. 41769 of 2019 MADAKASIRA TALUK-515301, ANATHAPURA DISTRICT, ANDHRAPRADESH. 3. SRI. MUNISWAMY .J S/O. JAYARAMAPPA, AGED ABOUT 51 YEARS, R/AT. NO.3356, NEW A.K. COLONY, PAVAGADA TOWN, PAVAGADA TALUK-561201, TUMAKURU DISTRICT. 4. THE ORIENTAL INSURANCE COMPANY LTD., VAKKALIGARA SANGHA COMPLEX, OPP: K.S.R.T.C. BUS STAND, MADHUGIRI TOWN - 572132, TUMAKURU DISTRICT. REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. K. SHANTHARAJ, ADVOCATE FOR R1 & R2; SRI. MANJUNATHA S., ADVOCATE FOR R3; SRI. H.C. VRUSHABENDRAIAH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.08.2019, PASSED ON I.A.NO.II IN MVC NO.198/2018 PASSED BY THE SENIOR CIVIL JUDGE & JMFC, AND MACT, AT MADHUGIRI, PASSED IN THE ORDER SHEET, VIDE ANNX-E AND CONSEQUENTLY ALLOW THE I.A.NO.II FILED BY THE PETITIONER U/O 1 RULE 10 R/W SEC. 151 OF CPC, FOR IMPLEADING VIDE ANNX-C. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47284 WP No. 41769 of 2019 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this writ petition, petitioner is assailing the order dated 23.08.2019 on I.A.II in MVC No.198/2018 on the file of Senior Civil Judge & JMFC and MACT, Madhugiri. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, respondent Nos.1 and 2 herein claim to be the parents of deceased Nagendra. It is forthcoming from the finding recorded by the Tribunal that the daughter of the petitioner - Hanumakka married respondent No.1 and she died on 07.03.2008. Thereafter, the respondent No.1 married respondent No.2. It is forthcoming that respondent No.2 being a step-mother of the deceased - Nagendra, has not looked after him well and as such, the petitioner claims to have taken care of her grandson Nagendra. In that view of the matter, since the petitioner herein had taken care of her grandson who died in the alleged accident and that apart, as respondent No.1 has married respondent - 4 - HC-KAR NC: 2025:KHC:47284 WP No. 41769 of 2019 No.2 after the death of the mother of the deceased Nagendra i.e. Hanumakka, I am of the view that, the Tribunal ought to have allowed the I.A.2 filed by the petitioner herein. 4. Further, it is forthcoming from the writ papers that Award has been passed by the Tribunal awarding compensation of Rs.11,00,000/- as per the terms of the joint memo. In that view of the matter, taking into consideration the peculiar facts and circumstances of the case, liberty is reserved to the petitioner to approach the competent Tribunal at Madhugiri for redressal of her grievances, seeking apportionment of compensation as required under law. 5. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 57