- 1 - HC-KAR NC: 2025:KHC:40287 CP No. 115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 115 OF 2025 BETWEEN: 1. SRI. MR BASAVARAJU S/O. LATE RUDREGOWDA, AGED ABOUT 67 YEARS, 2. DRAKSHAYANI @ DAKSHAYINI BASAVARAJU, W/O. BASAVARAJU, AGED ABOUT 56 YEARS, BOTH ARE R/AT ADAGOORU, BELURU TALUK, HASSAN - 573 121 …PETITIONERS (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. SMT. JAYASHREE W/O. LATE SHREEDHAR B. @ SRIDHAR B., SINCE DECEASED BY LRS MR. K.RAVIRAJ, S/O. K.RAJA, AGED ABOUT 42 YEARS, R/AT KUDMUL RANGA RAO NAGARA, KODIKAL CHURCH ROAD, ASHOKNAGAR POST, MANGALURU - 575 006 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40287 CP No. 115 of 2025 2. ICICI LOMBARD GIC LTD., REPRESENTED BY ITS MANAGER, THIRD AND FOURTH FLOOR, BANNERGHATTA MAIN ROAD, 3RD PHASE, BENGALURU, LOCAL OFFICE MAXIMUS BUILDING, 3RD FLOOR, NALAPAD RESIDENCY, LIGHT HOUSE HILL ROAD, MANGALURU - 575 001 …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE CASE IN MVC NO.1490 OF 2023 PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND CJM, MANGALURU TO THE PRL. DISTRICT AND SESSIONS JUDGE AT HASSAN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Vijay Kumar, learned counsel for the petitioners and Sri. Ashok Patil, learned counsel for the respondents. - 3 - HC-KAR NC: 2025:KHC:40287 CP No. 115 of 2025 2. Present petition is filed seeking transfer of Motor Accident claim case in M.V.C No.1490/2023 from M.A.C.T. Mangaluru-Dakshina Kannada to M.A.C.T. Hassan. 3. Facts in the brief, which are utmost necessary for disposal of the petitioner as under: 3.1 Smt. Jayashree - wife of the deceased namely Late Shreedhar B. alias Sridhar B. for awarding suitable compensation. Since the present petitioner did not join the said Jayashree in claiming the maintenance they have been arraigned as respondent in the said claim petition. 3.2 In the interregnum, said Jayashree died. Therefore the petitioners now want to transpose themselves as the claimants being the parents and dependents of deceased Sreedhar and contest the matter and have sought for transfer of the proceedings from Mangalore to Hassan. - 4 - HC-KAR NC: 2025:KHC:40287 CP No. 115 of 2025 4. Since the present petitioners did not join the petition at the first instance, and were only respondents, they can file a fresh petition before Tribunal at Hassan seeking compensation. At any rate, based on the request of the respondents, MACT proceedings from Mangalore to Hassan need not be transferred. 5. However, if they wish to transpose themselves as petitioners before the Tribunal at Mangalore, they are entitled to do so and if any such application is filed, suitable orders to be passed by the MACT. 6. With that observation, following order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 29