- 1 - HC-KAR CNR: KAHC010535772026 NC: 2026:KHC:41898 WP No. 24421 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24421 OF 2026 (GM-AC) BETWEEN: AVIRAL MISHRA SON OF OM PRAKASH MISHRA AGED ABOUT 36 YEARS RESIDING AT:R4, OWNERS COURT WEST, KASAVANAHALLI, BANGALORE - 560 035 …PETITIONER (BY SRI. RITHIKA RAVIKUMAR.,ADVOCATE) AND: 1. K. SANTHAMMA WIFE OF LATE K GOVINDRAJU, AGED ABOUT 63 YEARS 2. ANURADHA WIFE OF CHANDRASHEKAR REDDY, AGED ABOUT 36 YEARS 3. KUNUTHURU PRATHAP REDDY SON OF K GOVINDREDDY AGED ABOUT 34 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010535772026 NC: 2026:KHC:41898 WP No. 24421 of 2026 4. K ASHOK REDDY SON OF K GOVINDA REDDY, AGED ABOUT 42 YEARS RESPONDENT NO.1 - 4 ARE RESIDING AT; 2-188, OC COLONY, KONREDDY BAVI KANAGANAPALLE, ANANTAPUR DISTRICT - 515 001 ANDRA PRADESH 5. ACKO GENERAL INSURANCE CO. LTD. A COMPANY UNDER THE INDIAN COMPANIES ACT NO.36/5, HUSTLE HUB ONE EAST, SOMASUNDARAPALYA, 27TH MAIN ROAD, SECTOR 2, HSR LAYOUT, BANGALORE - 560 102 REPRESENTED BY MANAGER …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR THE RECORDS OF THE TRIAL COURT. B. ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE IMPUGNED ORDER DATED 23.04.2026 IN M.V.C.NO.3679 /2024 PASSED BY THE HON'BLE XIII ADDL. JUDGE SMALL CAUSES, HON'BLE MOTOR ACCIDENTS TRIBUNAL, AT BANGALORE IN I.A.NO.8 (ANNEXURE-A) AND ETC. - 3 - HC-KAR CNR: KAHC010535772026 NC: 2026:KHC:41898 WP No. 24421 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Issuance of notice to respondents is dispensed with in view of the proposed order to be passed. 2. Petitioner is before this Court seeking for the following reliefs: " A. Call for the records of the Trial Court. B. Issue a writ of certiorari and set aside the Impugned Order dated 23.04.2026 in M.V.C.No.3679/2024 passed by the Hon'ble XIII Additional Judge Small Causes, Hon'ble Motor Accident Tribunal at Bangalore in I.A.No.8 (Annexure-A). C. Issue a writ of Mandamus and direct the Hon'ble Motor Accident Claims Tribunal, at Bangalore (SCCH 15) to reject the marking of the document as Exhibit P6 (Annexure F) and to expunge the same from the record of the Court/Claims Tribunal. D. Any other relief that is deemed appropriate in the interest of justice. " 3. The proceedings under Section 166 of the Motor Vehicles Act, 1989, having been filed by respondent Nos.1 to 4, in the said proceedings, certain documents were sought to be marked. These were opposed by the petitioner, who is - 4 - HC-KAR CNR: KAHC010535772026 NC: 2026:KHC:41898 WP No. 24421 of 2026 the respondent therein, on the ground that those documents, more particularly the charge sheet, had neither been filed nor been accepted by the Judicial Magistrate, and the charge sheet has only been attested by the Station House Officer. 4. The objection as regards the filing and acceptance by the Magistrate, the contention taken up by the petitioner, was that the charge sheet is a false one and cannot be permitted to be marked in evidence. 5. The said application filed by the petitioner came to be rejected vide the impugned order dated 23.04.2025 by holding that the charge sheet relied upon by the petitioner cannot be refused to be marked. There is a difference between the admissibility of the document and objections as regards the mode and method of proof of the documents. The documents filed by the petitioner were taken on record subject to the said objections. 6. This Court does not find any infirmity in the said order passed by the MACT inasmuch as the summary procedure - 5 - HC-KAR CNR: KAHC010535772026 NC: 2026:KHC:41898 WP No. 24421 of 2026 required to be adopted by the MACT, the strict rigor, would not be applicable. However, the objections having been taken on record, during the course of the trial, it would be for the claimants in the MACT to establish the veracity, authenticity, and applicability of the said documents as contended by the petitioner herein, since now making of the document would not be sufficient for such purpose. 7. In that view of the matter, with the above observation, no grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE PHM List No.: 1 Sl No.: 28