Allowed

Smt. Hamsalekha N v. Hdfc Ergo General Insurance Co. Ltd.

Karnataka HC3 Mar 2022CP/272/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition under Section 24 of CPC seeking transfer of a motor accident claim petition from Bengaluru to Kolar to be clubbed with another pending petition arising from the same accident for joint disposal.

What did the court decide?

The pending MVC No.2487/2020 at MACT, Bengaluru is transferred to the Court of II Additional District and Sessions Judge and MACT, Kolar to be clubbed with MVC No.110/2020 and records transmitted.

Smt. Hamsalekha N Vs Hdfc Ergo General Insurance… — Execution and Attachment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03^RD DAY OF MARCH, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CIVIL PETITION NO.272 OF 2021

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BETWEEN:

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Smt. Hamsalekha N., Aged about 26 years, W/o Late Erappa M.,

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Kum. Easha Nayak, (After filing the petition named) Aged about 1 year, D/o Late Erappa M., Since minor represented by Her mother and natural Guardian the petitioner No.1

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Both are residents of Vanarashi Village, Mudawawi Post, Kolar Taluk and District.

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…Petitioners

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(By Sri Nagaraja Reddy D., Advocate)

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AND:

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HDFC Ergo General Insurance Co. Ltd., Regional Office, No.25/1, 2^nd Floor, Building No.2, Shankaranarayana Building No.1, M.G.Road, Bengaluru-560001, Represented by its Manager

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Sri Rajendra, Major,

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:: 2 ::

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S/o Ramappa, R/o. Nidagatta Village, Jadigenahalli Hobli, Hosakote Taluk, Bengaluru Rural District-562114.

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Smt. Munivenkatalakshmamma, Aged bout 57 years, W/o Late Muniyappa, Resident of Vanarashi Village, Mudawawi Post, Kolar Taluk and District.

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…Respondents

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(By Sri B.Pradeep, Advocate for R1; Sri Deepak L, Advocate for R2-Absent, R3 - served)

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This Civil Petition is filed under Section 24 of CPC, praying to pass the order by withdrawing the proceedings in MVC No.2487/2020 pending on the file of the Hon’ble 19^th ASCJ and ACMM and Motor Accident Claims Tribunal at Bengaluru (SCCH-17) and transfer the same to the Hon’ble II Additional District and Sessions Court at Kolar by clubbing both the cases in the interest of justice and equity.

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This Civil Petition coming on for admission this day, the Court made the following:

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ORDER

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Sri B.Pradeep, Advocate is permitted to file

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vakalat on behalf of respondent No.1.

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Heard Sri Nagaraja Reddy D, learned counsel for the petitioners and Sri Pradeep B, counsel for respondent No.1. Counsel for

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:: 3 ::

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respondent No.2 is absent. Though respondent No.3 is served with notice of this petition, there is no representation on his behalf.

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This is a petition under Section 24 of C.P.C. The petitioners have sought transfer of MVC No.2487/2020 pending on the file of the XIX Additional Small Cause Judge and MACT, Bengaluru (SCCH-17) to the Court of II Additional District and Sessions Judge and MACT, Kolar.

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It is stated that in an accident that took place on 18.03.2020, one M.Erappa was killed. The wife and the daughter of Erappa insitituted a claim petition MVC No.110/2020 before MACT, Kolar. The mother of the deceased also initiated action for claiming compensation by filing MVC No.2487/2020 at MACT, Bengaluru.

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It is submitted that if both the claim

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petitions are tried in one Tribunal, it will be possible for the Tribunal to arrive at a just

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:: 4 ::

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conclusion as to the compensation to be granted to the dependants of the deceased. Sri B.Pradeep, counsel for respondent No.1 has no objection. In this view, the following:

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ORDER

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Petition is allowed.

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MVC.No.2487/2020 pending on the file of the XIX Additional Small Cause Judge and MACT, Bengaluru (SCCH-17) is ordered to be transferred to the Court of II Additional District and Sessions Judge and MACT, Kolar for disposal in accordance with law, along with MVC No.110/2020.

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All the records in MVC.No.2487/2020 shall be transmitted to the Court of II Additional District and Sessions Judge and MACT, Kolar, immediately.

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Sd/-

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JUDGE

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Kmv/-

Smt. Hamsalekha N v. Hdfc Ergo General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Smt. Hamsalekha N v. Hdfc Ergo General Insurance Co. Ltd.

Case brief

What is this about?

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