Sri Gopal Naik vs The Oriental Insurance Company ...
2023 Latest Caselaw 3269 Kant

                                                   -1-
                                                            NC: 2023:KHC:20527
                                                             WP No. 23220 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 14TH DAY OF JUNE, 2023

                                             BEFORE
                           THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                             WRIT PETITION NO. 23220 OF 2022 (GM-CPC)


                      BETWEEN:

                      1.    SRI GOPAL NAIK
                            S/O SOMALA NAIK
                            AGED ABOUT 53 YEARS

                      2.    SMT BHAGYA BAI
                            W/O SOMALA NAIK
                            AGED ABOUT 48 YEARS

                      3.    SRI G MALLESH
                            S/O GOPAL NAIK
                            AGED ABOUT 34 YEARS

Digitally signed by         ALL ARE R/O MUKANAPALYA VILLAGE
NARASIMHA
MURTHY VANAMALA             AND POST, CHAMARAJANAGARA TALUK
Location: HIGH
COURT OF                    AND DISTRICT-571127
KARNATAKA


                            PRESENTLY R/AT
                            C/O KARIYAPPA, NO.450 B BLOCK
                            18TH CROSS, BDA SLUM
                            LINGARAJAPURA
                            BANGALORE-560084


                                                             ...PETITIONERS
                      (BY SRI. V B SIDDARAMAIAH., ADVOCATE)
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                                   NC: 2023:KHC:20527
                                    WP No. 23220 of 2022




AND:

1.   THE ORIENTAL INSURANCE COMPANY LTD.,
     REGIONAL OFFICE
     NO.144/145 4TH FLOOR
     LEO SHOPPING COMPLEX
     M G ROAD, BANGALORE-560001
     REP BY ITS MANAGER

2.   SRI C NATARAJAN
     S/O CHITHIRA PUTHIRA NAINAR
     R/O 262A AMBEDKAR STREET
     PULIANGUD, SIVAGIRI TALUKL
     TAMIL NADU STATE


                                   ...RESPONDENTS
(BY SRI. A.N.KRISHNASWAMY, ADVOCATE FOR R1;
     VIDE ORDER DATED 02.06.2023, NOTICE TO R2 IS
     D/W)


       THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 09.09.2022 PASSED BY THE COURT OF
THE VIII ADDL.JUDGE AND SCCH-5, AT BENGALURU
PASSED IN MVC NO.5282/2009 PASSED ON IA NO.NIL
FILED BY THE PETITIONERS UNDER ORDER 6 RULE
17,R/W SECTION 151 OF CPC PASSED IN ORDER
SHEET VIDE ANNEXURE-F.

       THIS PETITION, COMING ON FOR ORDERS , THIS
DAY, THE COURT MADE THE FOLLOWING:
                                  -3-
                                         NC: 2023:KHC:20527
                                           WP No. 23220 of 2022




                          ORDER

This petition is directed against the impugned

order dated 09.09.2022 passed in MVC

No.5282/2009 by the VIII Additional Judge,

Bengaluru (for short, 'the Tribunal') whereby, the

application filed by the petitioners-claimants under

Order VI Rule 17 of the Code of Civil Procedure,

1908(for short, 'CPC') seeking amendment of the

cause-title by correcting her name as "Smt. Bhagya

Bai" instead of "Smt. Bhagya" was rejected by the

Tribunal.

2. Heard learned counsel for the parties and

perused the material on record.

3. The material on record discloses that the

aforesaid claim petition in M.V.C.No.5282/2009 was

disposed of by the Motor Accident Claims Tribunal-

V, Court of Small Causes, Bengaluru City (for short,

NC: 2023:KHC:20527 WP No. 23220 of 2022

'the MACT') vide judgment and award dated

02.12.2010 and came to be modified by this Court

in the appeals in M.F.A.No.3294/2011 c/w

M.F.A.No.3390/2011. Subsequently, after realizing

that the name of claimant No.2 was wrongly shown

as "Smt. Bhagya" instead of "Smt Bhagya Bai" the

claimants filed the instant application seeking

correction of the name of the claimant No.2 as

"Smt. Bhagya Bai" instead of "Smt. Bhagya".

Though the said application was not opposed by the

Insurance Company, the Tribunal proceeded to pass

the impugned order rejecting the application,

aggrieved by which, the petitioners are before this

Court by way of the present petition.

4. The material on record discloses that the

Tribunal clearly fell in error in failing to consider

and appreciate the material on record which clearly

establishes that the name of the petitioner No.2-

NC: 2023:KHC:20527 WP No. 23220 of 2022

claimant No.2 is "Smt. Bhagya Bai" and by

inadvertence, her name was wrongly mentioned as

"Smt. Bhagya" both before the MACT and in the

appeals before this Court.

5. Under these circumstances, accepting

the reasons stated in the affidavit in support of the

application, I deem it just and appropriate to set

aside the impugned order and allow the application

dated 06.09.2022 filed by the petitioners.

In the result, I proceed to pass the following:

ORDER

a) The petition is hereby allowed.

b) The impugned order dated 09.09.2022 in

M.V.C.No.5282/2009 on the file of the VIII

Additional Judge, Bengaluru is set aside.

NC: 2023:KHC:20527 WP No. 23220 of 2022

c) The application filed by the petitioners

under Order VI Rule 17 of CPC stands

allowed.

d) The Tribunal is directed to correct the

name of the claimant No.2 as "Smt.

Bhagya Bai" instead of "Smt. Bhagya" and

proceed to disburse the compensation

payable in their favour as expeditiously as

possible.

Sd/-

JUDGE

RB