Allowed

Shri.Shivabasappa S/O Veerbhadrappa Karoshi v. Shri.Rajivan K.B.

Karnataka HC12 Dec 2022WP/117817/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench quashed the impugned order dismissing a Motor Vehicles Act claim petition against the vehicle owner. The court held that the claim proceedings are summary in nature and allowed the recall of the order under Section 151 CPC despite alleged applications of Order IX Rule 9.

What did the court decide?

The application for recalling the order dismissing the petition against Respondent No.1 was allowed; the impugned order dated 04.11.2019 was quashed; service of notice to Respondent No.1 was directed

Shri.Shivabasappa S/O Veerbhadrappa Karoshi Vs… — Motor Accident Claims | Karnataka HC (2022)

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WP No. 117817 of 2020

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 117817 OF 2020 (GM-AC)

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BETWEEN:

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SHRI.SHIVABASAPPA S/O VEERBHADRAPPA KAROSHI, AGE: 55 YEARS, OCC: DRIVER, R/O: CCB NO.205, PLOT NO.2, GIT COLLGE ROAD, RAJARAM NAGAR, UDYAMBAG, BELAGAVI, PIN CODE: 590012.

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…PETITIONER

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(BY SRI. SANJAY S KATAGERI, ADV.)

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AND:

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SHRI.RAJIVAN K.B. AGE: 53 YEARS, OCC: BUSINESS, R/O: NO.108, EVER SHINE CITY, OKIWARE, WASAI ROAD(EAST), MUMBAI, PIN CODE: 400102. (OWNER OF THE LORRY BEARING REGISTERED NO.MH-04/DD-7445)

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THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, CLUB ROAD, BELAGAVI, PIN CODE: 590001. (INSURER OF THE LORRY BEARING REGISTERED

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WP No. 117817 of 2020

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NO.MH-04/DD-7445).

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THE SENIOR DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, PIN CODE: 590002. (INSURER OF THE VEHICLE BEARING REGISTERED NO.KA-24/5855).

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…RESPONDENTS

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(BY SRI.RAVINDRA R MANE, ADV. FOR R3; R2-SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

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AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 04.11.2019 PASSED ON I.A.NO.7 BY THE PRL.SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN MVC.NO.759/ 2017 AS PER ANNEXURE-G HEREIN BY ALLOWING THIS WRIT PETITION AND CONSEQUENTLY ALLWOING THE SAID APPLICATION NO.7 AS PRAYED BY THE PETITIONER THEREIN.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 117817 of 2020

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ORDER

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In a claim proceeding under the Motor Vehicles

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Act, the claim petition was dismissed as against the owner of the motor vehicles, who had been arrayed as respondent No.1.

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An application was thereafter filed by the claimants seeking for recalling of the order and that application has been dismissed on the ground that there was a specific provision under Order IX Rule 9 of CPC bu the Section 151 of CPC had been invoked.

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In my view, having regard to the fact that the proceeding under the Motor Vehicles Act are summary in nature, the view taken by the Trial Court would have to be considered as technical.

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Since the claimants only wanted to recall the

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order, so as to take steps against respondent No.1, in my view, it will be appropriate to allow the application and

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WP No. 117817 of 2020

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recall the order dismissing the petition as against respondent No.1.

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5. The petitioner shall take steps to ensure that

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service of notice to respondent No.1 is complete.

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The impugned order is quashed. Writ petition is

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allowed.

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sd JUDGE

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KGK List No.: 1 Sl No.: 53

Shri.Shivabasappa S/O Veerbhadrappa Karoshi v. Shri.Rajivan K.B.

Case brief

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Shri.Shivabasappa S/O Veerbhadrappa Karoshi v. Shri.Rajivan K.B.

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