Karnataka High Court
Mohan Kumar vs C. Santosh Kumar on 17 August, 2023
Bench: R. Nataraj
-1-
NC: 2021:KHC:45793
WP No. 13813 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 13813 OF 2020 (GM-AC)
BETWEEN:
MOHAN KUMAR,
S/O LATE. NAVEEN KUMAR,
AGED ABOUT 14 YEARS,
R/O BITTAHALLI, VALAGERAHALLI POST,
HASSAN TALUK,
HASSAN DISTRICT.
(SINCE MINOR REPRESENTED BY
HIS MOTHER AND NATURAL GUARDIAN)
B.H. NAGAMANI,
W/O LATE. NAVEEN KUMAR,
AGED ABOUT 35 YEARS,
R/O BITTAHALLI, VALAGERAHALLI POST,
HASSAN TALUK,
Digitally HASSAN DISTRICT.
signed by
SUMA ...PETITIONER
Location:
HIGH (BY SRI. ABDUL RAZAK, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. C. SANTOSH KUMAR,
S/O N. CHENNAPPA,
AGED ABOUT 48 YEARS,
R/O NO.22, 4TH MAIN,
MARUTHI EXTN. SRIRAMPURA,
BENGALURU - 560 012.
-2-
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WP No. 13813 of 2020
2. THE DIVISIONAL MANAGER,
THE NEW INDIA INSURANCE CO. LTD.,
1ST FLOOR, KIADB COMPLEX,
HOSUR ROAD, BOMMASANDRA,
BANGALORE - 560 099.
...RESPONDENTS
(R2 - SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED:11.10.2019 PASSED ON INTERIM
APPLICATION FILED UNDER SECTION 151 OF CODE OF CIVIL
PROCEDURE BY THE PETITIONER IN M.V.C. NO.8652/2006 ON
THE FILE OF XV ADDL. SMALL CAUSES COURT AND MOTOR
ACCIDENT CLAIMS TRIBUNAL AT BENGALURU AS PER
ANNEXURE-X AND ALLOW THE INTERIM APPLICATION FILED
BY THE PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In view of the order dated 15.11.2021, notice to
respondents is dispensed. Consequently, requirement of
paying process fee to issue notice to respondent No.1 does not
arise.
2. A memo is filed by the petitioner dated 09.08.2023,
enclosing therewith, a receipt issued by Ananth P.U. College
(Residential), B.H.Road, Arsikere dated 10.07.2023, which
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WP No. 13813 of 2020
indicates a sum of Rs.50,000/- is paid as fee for the minor
petitioner.
3. Learned counsel for the petitioner submits that, the
college fee for the petitioner for the previous years has also
been partly paid by raising private hand loans and that those
hand loans have to be cleared and therefore, prays for
releasing a sum of Rs.2,00,000/-.
4. It is relevant to note that in terms of the judgment
and award passed in MVC No.8652/2006 dated 05.01.2008, a
sum of Rs.5,00,000/- was ordered to be deposited in name of
minor petitioner till he attained the age of majority.
Accordingly, amount was deposited in the name of the minor
petitioner at the State Bank of India, Srinivasapura Branch,
Channarayapatna Taluk, Hassan District.
5. An application is now filed seeking permission to
withdraw the amount deposited for the welfare of the minor
petitioner. As it is now stated that a sum of Rs.50,000/- is paid
towards tuition fee of the minor petitioner by raising a loan, it
is appropriate that a sum of Rs.50,000/- is ordered to be
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WP No. 13813 of 2020
released towards meeting the minimum educational expenses
of the minor petitioner.
6. In that view of the matter, this petition is allowed-in-
part and a sum of Rs.50,000/- is ordered to be released to
petitioner out of the amount deposited in MVC No.8652/2006
decided by the MACT, Court of Small Causes, SCCH-15,
Bengaluru.
Sd/-
JUDGE
MH/-
CT:PH
