Allowed

Smt Laxmi Ammakka Poojarti v. Sri Ganesh Devadiga

Karnataka HC10 Jun 2022WP/12728/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition and set aside the impugned order dismissing the petitioner's application to come on record as a legal heir. Consequently, the motor vehicle accident compensation petition was restored and the Trial Court was directed to permit the petitioner and decide the claim on merits within six months.

What did the court decide?

Writ petition allowed; impugned order set aside; MVC No.892/2018 restored; Trial Court directed to permit petitioner as legal heir and decide claim within six months.

Smt Laxmi Ammakka Poojarti Vs Sri Ganesh Devadiga — Insurance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2022

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.12728/2021(GM-AC)

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BETWEEN:

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SMT. LAXMI AMMAKKA POOJARTI, W/O LATE KRISHNA, AGED ABOUT 76 YEARS, R/AT NO.4-160, THENKA MANE, MELPANKTI, SHIRURU VILLAGE, KUNDAPURA TALUK. ... PETITIONER

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(BY SRI NAGARAJA HEGDE, ADVOCATE)

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AND:

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SRI GANESH DEVADIGA, S/O NARAYANA DEVADIGA, AGED ABOUT 35 YEARS, R/AT HEGGERI HITHLU, HERANJALU VILLAGE, BYNDOOR, KUNDAPURA TALUK, UDUPI DISTRICT.

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UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KUNADAPURA, LAXMINARASIMHA COMPLEX, OPP: KSRTC DEPOT, NH-66, VADERAHOBLI, KUNDAPURA, REP. BY BRANCH MANAGER. ... RESPONDENTS

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(BY SRI S. KRISHNA KISHORE, ADVOCATE FOR R-2;

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R-1 SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER DATED 06.02.2021 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA) IN MVC NO.892/2018 WHICH IS PRODUCED AT ANNEXURE-A.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The present petition is filed by one Laxmi Ammakka Poojarti, who filed an application under Order XXII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 seeking permission to come on record as the legal heir, on the ground that the deceased Bhaskara who died on 29/12/2019 is the grand-son of the petitioner.

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The petitioner is assailing the order dated 06/02/2021 in MVC.No.892/2018 whereby the application filed by the petitioner came to be dismissed by the Addl. District and Sessions Judge, Udupi (hereinafter referred to as “the Trial Court” for the sake of convenience).

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The brief facts leading to the filing of this petition are, one Bhaskara who suffered injuries in a road

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traffic accident that occurred on 08/04/2018 filed the claim petition in MVC.No.892/2018 on the file of the trial Court seeking compensation for the injuries suffered by him. On an unfortunate day, on 29/12/2019, during the pendency of the claim petition, the said Bhaskara died due to the accidental injuries sustained by him on 08/04/2018. The present petitioner filed application contending that the father and the mother of the claimant/deceased died long back and the present applicant is the only legal heir being the grand mother of the claimant/deceased. On this ground, the application filed by the petitioner was sought to be allowed before the trial Court seeking compensation.

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Respondent No.1/owner of the offending vehicle contended that the applicant is not the grandmother of the petitioner and hence, sought for dismissal of the application. However, respondent No.2/insurance company did not file any objection.

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The trial Court, on considering the material on record, dismissed the application filed by the petitioner

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under Order XXII Rule 3 of the CPC to implead herself as legal heir as not maintainable and consequently dismissed MVC.No.892/2018 as abated.

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Heard learned counsel for parties.

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It is relevant to note that the name of grand-

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mother appears in column No.1 of the certified copy of the family tree (Annexure – E) which clearly depicts that the petitioner is the legal heir/grand-mother of the deceased Bhaskara and thus, the trial Court was not justified in observing that petitioner is not the grand mother and legal heir of deceased Bhaskara. For the aforesaid reasons the finding of Trial Court in dismissing the application is not sustainable. In view of the fact that the grand-mother can be termed as legal heir and the application filed seeking compensation can be considered as contemplated in the judgment of the Hon’ble Supreme Court in the case

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of N. Jayasree and Ors. vs. Cholamandalam M/s General Insurance Company Ltd. [AIR 2021 SCC 5218) and Civil Appeal 4800/2021 16/08/2021,

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petitioner is entitled for compensation as sought by the claimant.

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For the reasons stated supra, the following

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order is passed:

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ORDER

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(i) Writ petition is allowed and the order dated 06/02/2021 passed on I.A.No.III in MVC.No.892/2018 is hereby set aside and MVC.No.892/2018 is restored to file.

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(ii) The trial Court is directed to permit the petitioner to come on record as the legal heir of the deceased Bhaskara and contest the petition.

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(iii) The trial Court is directed to consider the claim petition on merits in accordance with law and dispose of the petition within a period of six months from the date of receipt of a copy of this order considering the age of the petitioner as 75 years and the claim petition is of the year 2018.

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No order as to costs.

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SD/-

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JUDGE

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Smt Laxmi Ammakka Poojarti v. Sri Ganesh Devadiga

Case brief

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Smt Laxmi Ammakka Poojarti v. Sri Ganesh Devadiga

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