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2026 DAILYLAW 777 (KAR)

SRI. CHETHAN KUMAR v. B.M.T.C

WP/38611/2025 · 2026-02-24

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11658 WP No. 38611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 38611 OF 2025 (GM-AC) BETWEEN: SRI. CHETHAN KUMAR S/O. MALLESHA, AGED ABOUT 32 YEARS, R/AT NO.271, 5TH CROSS, 2ND MAIN ROAD, BHAVANINAGARA, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. …PETITIONER (BY SRI. S.P. SHANKAR., SENIOR ADVOCATE FOR SRI. JAYANTH RAO SINDHE D.,ADVOCATE) AND: B.M.T.C THE COMMISSIONER BENGALURU METROPOLITAN TRANSPORT CORPORATION (BMTC), K.H. ROAD, SHANTHINAGAR, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11658 WP No. 38611 of 2025 BENGALURU-560 027. …RESPONDENT (BY SMT.SARITHA KULKARNI., AGA FOR R2; SRI. D. VIJAY KUMAR., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASHING OR SETTING ASIDE THE ORDER DATED 11-11-2025, PASSED ON I.A. NO. 3 IN M.V.C. 4935 OF 2025 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU VIDE ANNEXURE-A, BY ALLOWING THIS WRIT PETITION AS PRAYED FOR WITH COSTS THROUGHOUT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:11658 WP No. 38611 of 2025 ORAL ORDER The petitioner has filed his claim petition in MVC No.4935/2025 on the file of the Motor Accident Claims Tribunal, Bengaluru. The petitioner's grievance is with the Tribunal's decision to reject his application under Order XIII Rule 10 read with Order XVI Rule 1 and 2 of the Code of Civil Procedure, 1908 but with the observation that it would be open to the petitioner to get relevant documents from the concerned authority and produce the same. The petitioner has filed the application requesting the Tribunal to call for investigation records in Crime Nos.149 and 150 of 2023 with the Harohalli Police Station, Ramanagara District. This Court, on 06.02.2026 [upon hearing Sri S.P.Shankar, the learned Senior Counsel for the petitioner], has called upon the learned Additional Government Advocate to secure instructions on how the jurisdictional Police have refused to furnish the certified copies of the investigation papers, if any. The learned counsel for the petitioner files a memo stating that the - 4 - HC-KAR NC: 2026:KHC:11658 WP No. 38611 of 2025 certified copies of the documents required have been furnished. Sri S.P.Shankar, submits that the questions raised in the light of the Tribunal's order would remain, but the petition, for the present purposes, could be disposed of observing that the petitioner can produce the certified copies now furnished in terms of the liberty reserved by the Tribunal. This Court opines that it is appropriate to dispose of the petition accordingly, and the petition is so disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 130