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2026 DAILYLAW 37776 (KAR)

NATIONAL INSURANCE CO LTD v. MR. PADMANABHA SHETTY G

WP/11364/2023 · 2026-09-01

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010263122023 NC: 2026:KHC:47482 WP No. 11364 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11364 OF 2023 (GM-RES) BETWEEN 1. NATIONAL INSURANCE CO LTD NO.3, MIDDLETON STREET, PRAFULLA CHANDRA SEN SARANI KOLKATTA, WEST BENGAL-700071. REP. BY ITS AUTHORISED SIGNATORY. THE MANAGING DIRECTOR 2. NATIONAL INSURANCE CO. LTD., BHARATH BUILDING, P M RAO ROAD, MANGALORE-575001. REP. BY ITS AUTHORISED SIGNATORY THE MANAGING DIRECTOR ...PETITIONERS (BY SRI. DEVAIAH I S., ADVOCATE) AND 1. MR PADMANABHA SHETTY G S/O PAKEERAPPA SHETTY, AGED ABOUT 65 YEARS, RESIDING AT NO.1304, B BLOCK MAURISHKA PARK PVS CIRCLE, KODIALBAIL, MANGALORE 575003 2. MEDI ASSIST INSURANCE TPA PVT LTD., NO.4/1 TOWER D, 4TH FLOOR IBC KNOWLEDGE PARK Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010263122023 NC: 2026:KHC:47482 WP No. 11364 of 2023 BANNERGHATTA ROAD, BENGALURU, KARNATAKA 560029 REPRESENTED BY ITS CEO …RESPONDENTS (BY SRI. RANJAY SHETTY., ADVOCATE FOR R1; SRI. KASHYAP N. NAIK., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER/DIRECTION QUASHING THE IMPUGNED ORDER DATED 31.10.2022 PASSED BY THE LEARNED PERMANENT LOK ADALAT, AT MANGALURU, DAKSHINA KANNADA IN PLD NO.178/2021 (ANNEXURE-A) AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 28.07.2026, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CAV ORDER 1. The Petitioners-Insurance Company are before this court seeking for the following reliefs: i. Issue a writ, order or direction in the nature of a writ of certiorari or any other appropriate writ/order/direction quashing the impugned order dated 31.10.2022 passed by the learned Permanent Lok Adalat, at Mangaluru, Dakshina Kannada in PLD No. 178/2021 (Annexure-A) and ii. Pass any other orders/grant such other relief as this Hon’ble Court deems fit, under the circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010263122023 NC: 2026:KHC:47482 WP No. 11364 of 2023 2. The facts in the above matter are more or less identical to those in W.P.No.14682/2024, which has been disposed of today by a separate order. The only difference is as regards the period for which the reimbursement was repudiated, for which a separate proceeding had been filed by respondent No.1 in PLD No.178/2021. 3. The contentions in this matter are also the same as those in W.P.No.14682/2024. The reasoning in the said matter would be equally applicable to the present matter. Hence, this Court passes the following: ORDER i) The writ petition is dismissed by imposing cost of Rs.50,000/- payable by the petitioners-Insurer to respondent No.1 within a period of 30 days from the date of receipt of a copy of this order. - 4 - HC-KAR CNR: KAHC010263122023 NC: 2026:KHC:47482 WP No. 11364 of 2023 ii) The petitioners are also directed to make payment of the amounts as directed by the permanent Lok-Adalat to respondent No.1 within 30 days from the date of receipt of this order with up-to-date interest. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 0