Karnataka High Court
Smt Lakshmi M K vs Hdfc Ergo Gen.Ins.Co.Ltd on 7 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:19905
WP No. 14701 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 14701 OF 2024 (GM-AC)
BETWEEN:
SMT. LAKSHMI M.K.,
W/O LATE M.S. MADAN KUMAR,
AGED ABOUT 46 YEARS,
R/AT NO.6/1, 3RD FLOOR,
4TH CROSS, NEAR MOSQUE,
VENKATASHAMAPPA LAYOUT,
CHAMUNDINAGAR,
R T NAGAR,
BENGALURU 560 032
...PETITIONER
(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)
AND:
Digitally 1. HDFC ERGO GEN.INS.CO.LTD.,
signed by V
NO. 25/1, 2ND FLOOR,
KRISHNA
BUILDING NO.2,
Location:
High Court of SHANKARNARAYANA,
Karnataka BUILDING NO.1
BENGAU RU 560 001.
2. SRI. BHAGYALAKSHMI ENTERPRISES
PROP: B.A. NAGARAJ,
NO.24, 2ND MAIN,
NEW THARAGUPETE,
BENGALURU 560 026
...RESPONDENTS
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NC: 2024:KHC:19905
WP No. 14701 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI BY MODIFYING THE ORDER DATED. 15.04.2024
PASSED BY THE LEARNED X ASCJ AND ACMM BENGALURU IN
MVC NO. 3159/2024 PRODUCED AT ANNEXURE-G BY
DIRECTING TO RELEASE THE ENTIRE DEPOSITED AMOUNT BY
ALLOWING THE APPLICATION OF THE PETITIONER DATED.
27.03.2024 PRODUCED AT ANNEXURE-F.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition by the claimant in MVC No.3159/2024, on the
file of the Xth Additional Small Causes Judge and Motor Accidents
Claims Tribunal, Bengaluru (MACT) is directed against the
impugned order 15.04.2024, whereby the application filed by the
petitioner/claimant seeking premature release of the total amount,
was partly rejected by the Tribunal.
2. A perusal of the material on record would indicate that
out of the total compensation of Rs.12,16,691/- deposited in Fixed
Deposit, the petitioner sought for release of the entire amount,
which was partially allowed by the Tribunal by passing the
NC: 2024:KHC:19905
impugned order, whereby the MACT directed release of only
Rs.2,50,000/- in favour of the petitioner, who is before this Court
seeking release of the entire amount in deposit.
3. For the order proposed, since no relief is sought for
against the respondents and they were not notified before the
Tribunal, Notice to the Respondents is dispensed with for the
purpose of the present order.
4. Heard the learned counsel for the petitioner and
perused the material on record.
5. A perusal of the material on record including the
impugned order will clearly indicate that despite the petitioner
making out sufficient and valid ground so as to enable her to seek
release / disbursement of the cash withdrawal of the entire
compensation amount, the Tribunal clearly fell in error in rejecting
the request of the petitioner without appreciating that in the event
the entire amount is not released in favour of the petitioner, she
would be put to irreparable injury, hardship and justice would
suffer.
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6. Under these circumstances, having regard to the
reasons assigned by the petitioner in her application for premature
release of the fixed deposit amount, I'am of the view that the
impugned order dated 15.04.2024, passed by the Xth Additional
Small Causes Judge and Motor Accidents Claims Tribunal,
Bengaluru (MACT) in MVC No.3159/2024, deserves to be set-
aside and the application filed by the petitioner deserves to be fully
allowed.
7. In the result, I pass the following:-
ORDER
(i) Petition is hereby Allowed.
(ii) The impugned judgment and decree impugned order
dated 15.04.2024, passed by the Xth Additional Small Causes
Judge and Motor Accidents Claims Tribunal, Bengaluru (MACT) in
MVC No.3159/2024, insofar as it relates to the rejecting the request
of the petitioner for premature release of the entire sum of
Rs.12,16,691/- is hereby set-aside.
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iii) The Tribunal is directed to release the entire sum of
Rs.12,16,691/- deposited in Fixed Deposit in favour of the
petitioner, immediately upon receipt of a copy of this order.
Sd/-
JUDGE
JJ
