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2026 DAILYLAW 17528 (KAR)

SMT. GOWRAMMA v. MAGMA HDI GENERAL INSURANCE COMPANY LIMITED

WP/24921/2025 · 2026-03-12

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14977 WP No. 24921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24921 OF 2025 (GM-AC) BETWEEN: SMT. GOWRAMMA W/O LATE SRI ESHWARAPPA, AGED ABOUT 45 YEARS, RESIDING AT 45, 3RD CROSS, KUMBALAGUDU LAYOUT, BENGALURU 560074 …PETITIONER (BY SMT. HEANA VERMA, ADVOCATE FOR SMT. ASHWINI O., ADVOCATE) AND: 1. MAGMA HDI GENERAL INSURANCE COMPANY LIMITED REP. BY ITS MANAGER, POLICY NO P0024300004/4113/108999 NO. 133/2, 1ST FLOOR, JANARDHAN TOWERS, RESIDENCY ROAD, BENGALURU, BENGALURU- 560025. 2. KUMARI VISHRUTHA S. VAS D/O. SHRI SRINIVAS. B, AGED ABOUT 12 YEARS MINOR AND ARE REPRESENTED BY RESPONDENT NO.5, THEIR GRANDMOTHER SMT. BHAGYA Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14977 WP No. 24921 of 2025 3. MASTER HARSHA S. GOWDA S/O. SHRI SRINIVAS. B, AGED ABOUT 4 YEARS MINOR AND ARE REPRESENTED BY RESPONDENT NO.5, THEIR GRANDMOTHER SMT. BHAGYA. 4. SMT. BHAGYA W/O. SHRI T. S. DASAPPA, AGED ABOUT 53 YEARS 5. SRI T. S. DASAPPA S/O. SHRI SANNA MOGAIAH, AGED ABOUT 65 YEARS RESPONDENT NOS. 2 TO 5 ARE R/AT THIMAKAPURA VILLAGE, CHOWTI POST, KASABA HOBLI, PIRIYAPATTANA TALUK, MYSORE DISTRICT 571107 6. SRI SRINIVAS. B S/O. LATE BASAVEGOWDA, AGED ABOUT 35 YEARS, S. L. V. IYENGAR CAKE HOUSE SWEETS, NEXT TO MED PLUS CHEMISTS DRUGGISTS, BEHIND KUMBALAGODU VILLAGE PANCHAYATH OFFICE, MARAMMA TEMPLE ROAD, KUMBALAGODU, KENGERI HOBLI, BENGALURU -560074 …RESPONDENTS THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A. ISSUE A WRIT ORDER OR DIRECTION QUASHING THE PROCEEDINGS PENDING BEFORE THE HON'BLE XXIII ADDL SCJ AND ACMM AT BANGALORE IN MVC NO. 3474 2024, ANNEXURE-G AS THE - 3 - HC-KAR NC: 2026:KHC:14977 WP No. 24921 of 2025 PROCEEDINGS ARE BASED ON SUPPRESSION OF FACTS, AND ARE A GROSS ABUSE OF THE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present writ petition is founded on the premise that there cannot be multiple claim petitions seeking compensation arising out of the same road traffic accident under the provisions of the Motor Vehicles Act, 1988. The grounds urged in support of the petition proceed on the assumption that the initiation of a separate claim petition in MVC No.3474/2024 is impermissible in law. The said contention, however, is wholly misconceived. The records would indicate that the parents and children of the deceased Chaya have instituted MVC No.3474/2024 seeking compensation on account of her death in a road traffic accident that occurred on 06.04.2024. The petitioner herein claims to be the mother of one Prashanth, who is also stated to have died in the very - 4 - HC-KAR NC: 2026:KHC:14977 WP No. 24921 of 2025 same accident, and on that basis seeks to question and quash the proceedings initiated by the legal representatives of the deceased Chaya. 2. On a careful reading of the averments made in the writ petition, this Court is unable to discern as to how the petitioner could maintain the present writ petition seeking quashing of the proceedings in MVC No.3474/2024. The claim petition in MVC No.3474/2024 is instituted by the legal heirs of the deceased Chaya, who lost her life in the road traffic accident dated 06.04.2024. The claim petition is therefore an independent proceeding instituted by the legal representatives of the deceased victim seeking compensation under the Motor Vehicles Act, 1988. The petitioner, who claims to be related to another deceased person involved in the accident, cannot seek quashing of such proceedings merely on the ground that another claim petition may have been or could be instituted in relation to the same accident. - 5 - HC-KAR NC: 2026:KHC:14977 WP No. 24921 of 2025 3. Be that as it may, this Court, in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India, cannot be called upon to quash a claim petition that is pending adjudication before the Motor Accident Claims Tribunal under the provisions of the Motor Vehicles Act, 1988. The claim petition is required to be examined and adjudicated by the competent Tribunal on the basis of pleadings and evidence to be adduced by the parties. If the petitioner is aggrieved by the initiation or maintainability of the said proceedings, it is always open to her to raise all permissible objections before the Tribunal by filing an appropriate application and contesting the claim petition in accordance with law. 4. It is also relevant to note that the petitioner is arrayed as respondent No.2 in MVC No.3474/2024 and therefore has adequate opportunity to raise all contentions that are now urged before this Court in the pending proceedings before the Tribunal. All grounds urged in the present writ petition are therefore left open to be urged - 6 - HC-KAR NC: 2026:KHC:14977 WP No. 24921 of 2025 before the Motor Accident Claims Tribunal. However, the relief sought in the present writ petition, namely quashing of the claim petition pending before the Tribunal, is wholly impermissible in exercise of jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2