Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:721 WP No. 30779 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 30779 OF 2025 (GM-AC)
BETWEEN:
KUM SRIDEVI S D/O LATE SRI SRIDHAR V AGED ABOUT 25 YEARS, R/AT SIDDIVINAYAKA NIVASA, NEAR POLICE QUARTERS, VINOBHANAGARA SANNAMANE BADAVANE SAGARA SHIVAMOGGA DISTRICT 577401.
…PETITIONER
(BY SRI. VINEETHKUMAR B.SORAGAON.,ADVOCATE)
AND:
1.
VASANTHKUMAR JATHMAL AGE MAJOR, OCCUPATION BUSINESS, R/O SHRI RAJALAKSHMI STORES SHIKARIPURA TOWN DISTRICT SHIVAMOGGA 577427.
2.
THE BRANCH MANAGER UNITED INDIA INSURANCE CO LTD,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:721 WP No. 30779 of 2025
SHIKARIPURA,DISTRICT SHIVAMOGGA 577427.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 23.09.2025 PASSED ON I.A. FILED UNDER SECTION 151 OF C.P.C IN M.V.C. NO. 2/2007 BY THE LEARNED JUDGE, M.A.C.T., SHIKARIPURA AT ANNEXURE-E; B) ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE LEARNED M.A.C.T., SHIKARIPURA TO FORTHWITH RELEASE IN FAVOUR OF THE PETITIONER THE SUM OF RS.2,94,000/-(RUPEES TWO LAKHS NINETY-FOUR THOUSAND ONLY), NOW LYING IN DEPOSIT TO HER CREDIT, WITHOUT INSISTING UPON RETENTION OF THE SAID SUM TILL THE PETITIONER ATTAINS THE AGE OF 30 YEARS, TOGETHER WITH ACCRUED INTEREST IF ANY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:721 WP No. 30779 of 2025
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner along with her family members has succeeded in seeking enhancement of the compensation payable under the provisions of the Motor Vehicles Act, 1988 on the demise of her father, Mr. Sridhar V. The orders in this regard are by a Division Bench of this Court in the Appeals in MFA Nos.7057/2010 and 10999/2010. The Division Bench, by order dated 08.07.2014, has allowed the appeals modifying the Tribunal's Judgment and Award permitting enhancement in a sum of Rs.7,95,000/- with interest at the rate of 6% per annum. Insofar as the apportionment for the petitioner, the Division Bench's order reads as under:
"A sum of Rs.2,00,000/- with proportionate interest shall be invested in the name of second appellant in MFA No.10999/2010 - minor daughter of second wife of deceased, Kum. Sridevi, in Fixed Deposit, in any scheduled/Nationalized Bank, till she attains the age of 30 years, with liberty
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HC-KAR NC: 2026:KHC:721 WP No. 30779 of 2025
reserved to her mother and natural guardian to withdraw the periodical interest for her welfare till she attains the age of 21 years and thereafter from 22 years to 30 years, she is entitled to withdraw the interest periodically."
The petitioner's cause for the present petition is because the amount had lapsed to the State Government. However, Ms B V Vidyulatha, the
learned counsel on record for the Registrar of this Court [who is a party in the connected petition in WP No. 15985/2025], submits that the lapsed amount has been recalled and is in deposit and that the amount will be transferred to the petitioner subject to appropriate orders in the disposed of appeals.
When queried, Ms B V Vidyulatha also submits that if indeed an application is filed in the disposed of appeals, there would be no opposition from the registry. This turn of events and the submission enables the petitioner to make an application in the
disposed of appeals either for disbursement of the
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HC-KAR NC: 2026:KHC:721 WP No. 30779 of 2025
amount now in deposit or the interest as is permissible in terms of the order dated 08.07.2014. As such, the petition stands disposed of observing that the petitioner will be at liberty to make an application in the disposed of appeals.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-