Karnataka High Court
The Branch Manager vs Shri Savant S/O Shankar Dhanagar on 4 February, 2025
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2025:KHC-D:2182-DB
WP No. 106985 of 2024
C/W WP No. 106648 of 2024
AND 2 OTHER
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT PETITION NO. 106985 OF 2024(GM-RES)
C/W
WRIT PETITION NO. 106648 OF 2024(GM-RES),
WRIT PETITION NO. 106984 OF 2024(GM-RES),
WRIT PETITION NO. 106988 OF 2024(GM-RES)
IN WRIT PETITION NO. 106985 OF 2024
BETWEEN:
THE BRANCH MANAGER
UNITED INDIA INSURANCE COMPANY LIMITED,
PHARALE BUILDING, K.C. ROAD, CHIKODI,
REPRESENTED THROUGH ITS DIVISIONAL OFFICE,
THE UNITED INDIA INSURANCE CO. LTD.,
MARUTI GALLI, BELAGAVI.
REPRESENTED BY ITS DIVISIONAL MANAGER.
...PETITIONER
Digitally signed
by VISHAL
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR
NINGAPPA
PATTIHAL SRI. S.S. KOLIWAD, ADVOCATE)
Location: High
Court of
Karnataka,
Dharwad Bench
AND:
1. SMT. KASTURI SATYAPPA PUJARI
AGE. 45 YEARS, OCC. HOME MAKER,
R/O. EXAMBA, TQ. CHIKODI,
DIST. BAGALKOT-593107.
2. SRI. VITHAL S/O SATYAPPA PUJARI
AGE. 29 YEARS, OCC. STUDENT,
R/O. EXAMBA, TQ. CHIKODI,
DIST. BAGALKOT-593107.
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NC: 2025:KHC-D:2182-DB
WP No. 106985 of 2024
C/W WP No. 106648 of 2024
AND 2 OTHER
3. KUMARI MAHADEVI D/O SATYAPPA PUJARI
AGE. 27 YEARS, OCC. STUDENT,
R/O. EXAMBA, TQ. CHIKODI,
DIST. BAGALKOT-593107.
4. SHRI ROHIT S/O DILIP KILLIKETH,
AGE. MAJOR, OCC. BUSINESS,
R/O BEKKERI, TQ. RAIBAG,
DIST. BELAGAVI, PIN-59107
(OWNER OF TEMPO TOOFAN
BEARING NO. KA-23/N-4022)
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE
A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDER PASSED BY HIGH COURT LEGAL SERVICE
COMMITTEE AT DHARWAD BENCH, MFA NO.100725/2024 A/O
IN MVC NO.594/2017, PASSED BY PRL. SENIOR CIVIL JUDGE
AND ADDL. MACT CHIKKODI, ORDER DATED.13-07-2024 AS
ANNEXURE-B & ETC.,
IN WRIT PETITION NO. 106648 OF 2024
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
PHARALE BUILDING, K.C.ROAD, CHIKODI,
REPRESENTED THROUGH ITS DIVISIONAL OFFICE,
THE UNITED INDIA INSURANCE CO. LTD.,
MARUTI GALLI, BELAGAVI.
REPRESENTED BY ITS DIVISIONAL MANAGER.
...PETITIONER
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR
SRI. S.S. KOLIWAD, ADVOCATE)
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NC: 2025:KHC-D:2182-DB
WP No. 106985 of 2024
C/W WP No. 106648 of 2024
AND 2 OTHER
AND:
1. SHRI. RAMACHANDRA
S/O SIDDAPPA DHANAGAR
AGE. 40 YEARS,
OCC. SHEPHERD AND AGRICULTURE,
R/O. EXAMBA, TQ. CHIKODI,
DIST. BAGALKOT-593107.
2. SHRI. ROHIT S/O DILIP KILLIKETH
AGE. MAJOR, OCC. BUSINESS,
R/O. BEKKERI, TQ. RAIBAG,
DIST. BELAGAVI-59107.
(OWNER OF TEMPO TOOFAN
BEARING NO.KA-23/N-4022)
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE
WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDERS PASSED BY LOK-ADALAT HIGH COURT
LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA
NO.100745/2024 A/O IN MVC NO.595/2017, PASSED BY PRL.
SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, AND
ORDER DATED 13-07-2024 AS ANNEXURE-B.
IN WRIT PETITION NO. 106984 OF 2024
BETWEEN:
THE BRANCH MANAGER
UNITED INDIA INSURANCE COMPANY LIMITED,
PHARALE BUILDING, K.C ROAD, CHIKODI,
REPRESENTED THROUGH ITS DIVISIONAL OFFICE,
THE UNITED INDIA INSURANCE CO. LTD.,
MARUTI GALLI, BELAGAVI.
REPRESENTED BY ITS DIVISIONAL MANAGER.
...PETITIONER
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR
SRI. S.S. KOLIWAD, ADVOCATE)
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NC: 2025:KHC-D:2182-DB
WP No. 106985 of 2024
C/W WP No. 106648 of 2024
AND 2 OTHER
AND:
1. SHRI SAVANT S/O SHANKAR DHANAGAR
AGE. 62 YEARS,
OCC. SHEPHERD AND MILK VENDING,
R/O. EXAMBA, TQ. CHIKODI,
DIST. BAGALKOT 593107.
2. SHRI. ROHIT S/O DILIP KILLIKETH
AGE. MAJOR, OCC. BUSINESS,
R/O. BEKKERI, TQ. RAIBAG,
DIST. BELAGAVI-59107.
(OWNER OF TEMPO TOOFAN
BEARING NO.KA-23/N-4022)
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE
A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDERS PASSED BY LOK-ADALAT HIGH COURT
LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA
NO.100747/2024 A/O IN MVC NO.596/2017, PASSED BY PRL.
SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, ORDER
DATED 13-07-2024 AS ANNEXURE-B.
IN WRIT PETITION NO. 106988 OF 2024
BETWEEN:
THE BRANCH MANAGER
UNITED INDIA INSURANCE COMPANY LIMITED,
PHARALE BUILDING, K.C ROAD, CHIKODI,
REPRESENTED THROUGH ITS DIVISIONAL OFFICE,
THE UNITED INDIA INSURANCE CO. LTD.,
MARUTI GALLI, BELAGAVI.
REPRESENTED BY ITS DIVISIONAL MANAGER.
...PETITIONER
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR
SRI. S.S. KOLIWAD, ADVOCATE)
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NC: 2025:KHC-D:2182-DB
WP No. 106985 of 2024
C/W WP No. 106648 of 2024
AND 2 OTHER
AND:
1. SRI. MALLAPPA S/O SIDDAPPA HEGGE
AGE. 45 YEARS,
OCC. SHEPHERD AND MILK VENDING,
R/O. EXAMBA, TQ CHIKODI,
DIST. BAGALKOT 593107.
2. SHRI. ROHIT S/O DILIP KILLIKETH
AGE. MAJOR, OCC. BUSINESS,
R/O. BEKKERI, TQ. RAIBAG,
DIST. BELAGAVI-59107.
(OWNER OF TEMPO TOOFAN
BEARING NO.KA-23/N-4022)
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE
A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDER PASSED BY LOK-ADALAT HIGH COURT
LEGAL SERVICE COMMITTEE AT DHARWAD BENCH, MFA
NO.100746/2024 A/O IN MVC NO.593/2017, PASSED BY PRL.
SENIOR CIVIL JUDGE AND ADDL. MACT CHIKKODI, ORDER
DATED 13-07-2024 AS ANNEXURE-B.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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NC: 2025:KHC-D:2182-DB
WP No. 106985 of 2024
C/W WP No. 106648 of 2024
AND 2 OTHER
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
Sri. N.R. Kuppellur, the learned counsel for the petitioners
- an Insurer, submits that the Insurer is constrained to seek
interference in these writ petitions with the awards in the
corresponding Miscellaneous First Appeals before this Court
because these appeals are disposed of in the Lok Adalath, after a
reference dispensing with the notice to the owner of the offending
vehicle, granting enhancement in the compensation on terms and
that this prejudices the Insurer's right to recover the amount paid
in satisfaction of the Tribunal's awards. The learned counsel
emphasizes that the Tribunal in the common judgment and
award dated 23.08.2023 in M.V.C. Nos.593-596 of 2017 has
specifically permitted the Insurer to recover from the owner.
These circumstances are considered to opine on whether
there must be interference with the awards drawn in the Lok
Adalath without examining whether these petitions must be listed
before a learned Single Judge of this Court. The Insurer's
grounds for interference are limited. It is seen from the Lok
Adalath's awards that there is enhancement in the compensation
payable without disturbing the Tribunal's finding that the Insurer
NC: 2025:KHC-D:2182-DB
AND 2 OTHER
will be at liberty to recover the amount paid. If this finding is not
disturbed, there should be no occasion for interference especially
when it is undisputed that the owner of the offending vehicle has
not filed any appeal calling in question the Tribunal's opinion
that the Insurer can recover the amount paid to the claimant
from the owner. The impugned award does not disturb the
Tribunal's direction to pay the claimants to recover from the
owner.
In the light of the afore, and subject to the observations as
aforesaid, the writ petitions stand disposed of.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
RSH, CT:VP
