- 1 - HC-KAR NC: 2025:KHC:48068 WP No. 7680 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7680 OF 2020 (GM-AC) BETWEEN: THE MANAGER THE BAJAJ ALLIANZ GENERAL INSURANCE CO LTD REP. BY SHEETAL HIREGOUDAR NO.21, 4TH FLOOR, GOLDEN HEIGHTS COMPLEX, 56TH C CROSS, NEAR SUJATHA THEATRE RAJAJI NAGAR, BANGALORE - 560 010 …PETITIONER (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. MRS. NABEESA AGED ABOUT 57 YEARS W/O U.K. HAMEED 2. U.K. HAMEED AGED ABOUT 68 YEARS SO LATE IBRAHIM 3. ANEEZA AGED ABOUT 28 YEARS D/O U.K. HAMEED R1 TO R3 ARE R/O H/NO.3-155, AZEEZA MANZIL, PAKRINAKATTE, MALLAR, KAUP UDUPI TALUK - 576 101. 4. RAVI KUMAR AGED ABOUT 45 YEARS Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48068 WP No. 7680 of 2020 S/O LATE SHIVARAMA R/O SASIGOLI HOUSE, KODLUMOGURU VILLAGE MANJESHWARA KASARGOD - 576 101. 5. ABDUL LATHIF AGED ABOUT 41 YEARS S/O HAJI K MOHAMMED KUNJI, R/O FATHIMA MANZIL, KUDULPADY, JEPPU, BAPPAL, MANGALORE - 576 101. 6. THE DIVISIONAL MANGER THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING, 3RD FLOOR, COURT ROAD, UDUPI - 576 101 NOW REP. BY ITS MANAGER REGIONAL OFFICER, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD HUBLI - 580 009 …RESPONDENTS (BY SMT. HARINI SHIVANAND, ADVOCATE FOR R5 AND R6 R1 TO R4 - SERVICE OF NOTICE IS DISPENSED WITH VIDE ORDER DATED 12.08.2021) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH EXECUTION PETITION NO.9/18 INSTITUTED BY R-6 AS PER ANNEXURE-D AND CONSEQUENTLY SET ASIDE ORDER OF EXECUTING COURT PASSED AS PER ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:48068 WP No. 7680 of 2020 ORAL ORDER In this petition, the petitioner is assailing the proceedings in Execution Petition No.9/2018 on the file of the Additional Senior Civil Judge, Udupi (Annexure-F). 2. Heard Sri.A.N.Krishnaswamy, learned counsel for the petitioner and Smt.Harini Shivanand, learned counsel for respondents No.5 and 6. 3. Sri.A.N.Krishnaswamy, learned counsel for the petitioner submitted that, the petitioner herein is neither a party before the Motor Accident Claims Tribunal nor before this Court in the proceedings in MFA No.11150 of 2012 connected with MFA No.7823 of 2012 and therefore, the claim made by the Respondents No.5 and 6 against the petitioner herein in Execution No.9/2018 is not maintainable and accordingly, sought for interference of this Court. 4. Per contra, Smt. Harini Shivanand, learned counsel appearing for the Respondents No.5 and 6, refers to the judgment passed by this Court in MFA No.11150/2012 c/w MFA No.7823/2012 dated 28.04.2014 (Annexure-C) and contented - 4 - HC-KAR NC: 2025:KHC:48068 WP No. 7680 of 2020 that, in view of the observation made by this Court at paragraph No.14, Execution Petition has been filed before the Competent Court at Annexure-F and therefore, sought to justify the impugned order. 5. In the light of the submission made by the learned counsel appearing for the parties, the undisputed facts are that, the claimants have preferred MVC No.437 of 2009 seeking compensation under Section 166 of the M.V.Act against the respondent No.5 and 6. The Claim Petition came to be allowed by judgment and award dated 04.05.2012 and being aggrieved by the same, both the claimants as well as the respondent No.6 have preferred MFA No.11150 of 2012 and MFA No. 7823 of 2012, respectively. In the said appeals, the question relating to the contributory negligence on the part of the vehicles involved was considered and accordingly, award came to be passed on 28.04.2014 (Annexure-C). Undisputedly, the petitioner herein is not a party before the Tribunal as well as before this Court in the aforementioned appeals. 6. In that view of the matter, I find force in the submission made by the learned Counsel for the petitioner that, the entire - 5 - HC-KAR NC: 2025:KHC:48068 WP No. 7680 of 2020 proceedings in Execution Petition No.9/2018 is not maintainable on the ground that, the judgment debtor/petitioner herein is not a party before the earlier proceedings and also it is to be noted that, the Execution Petition has been filed arising out of the proceedings in MVC No.437 of 2009 and MFA No. 11150 of 2012 c/w.MFA No.7823 of 2012, in which the petitioner is not a party. 7. In view of the above discussion, I pass the following : ORDER i) Writ petition is allowed; ii) The entire proceedings initiated against the petitioner in Execution Petition No.9/2018 on the file of the Additional Senior Civil Judge, Udupi, is hereby quashed. SD/- (E.S.INDIRESH) JUDGE rs/List No.: 1 Sl No.: 32