An insurer's writ petition challenging a tribunal order on disbursement of motor accident compensation was withdrawn by memo after the claimant had already received the amount.
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IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.200165 OF 2024 (GM-CPC)
BETWEEN:
THE UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL OFFICE AND MANAGER, OPP. SANGAM TALKIES, SUPER MARKET, KALABURAGI – 585 101, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.
…PETITIONER
(BY SRI. MOHD. ABDUL QUAYUM, ADVOCATE)
AND:
Digitally signed 1. BASANGOUDA @ BASAVARAJ by SUMITRA SHERIGAR S/O SIDDANAGOUDA KEMBHAVI, Location: HIGH AGE: 51 YEARS, COURT OF OCC: AGRICULTURE, NOW NIL, KARNATAKA R/O ALLAL VILLAGE, TQ. SHORAPUR, DIST. YADAGIRI, NOW R/O H.NO.601, KHADRI CHOWK, KALABURAGI – 585 101.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 22.12.2023 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AT KALABURAGI IN IA. I IN MVC.NO.117/2018, THE COPY OF WHICH IS AT ANNEXURE-D.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
Learned counsel for the petitioner files a memo,
seeking leave of the Court to withdraw the writ petition, which reads as under:
“MEMO FOR WITHDRAWAL OF THE W.P.
The Petitioner is Respondent No.2 in M.V.C. No.117/2018 filed by the Respondent No.1 herein for compensation under Section 166 of the Motor Vehicles Act, 1988 for an accident occurred on 23/02/2016. The Tribunal awarded Rs.9,14,500/with interest and costs holding that the Writ Petitioner liable to pay in the first instance and recover from the Respondent No.2 herein who is the owner of the insured Auto as there was no valid DL.
The Respondent No.2/insurer is the Petitioner herein filed an application under section 51 of the CPC praying the Court not to disburse the amount till the Owner of the vehicle furnishes security in view of the Apex Court Judgment in Challa Bharatamma’s case. The Tribunal rejected the Petition as per the Order dated 22/12/2023 which is challenged. The III Addl. Senior Civil Judge Kalaburagi without considering contention of the petitioner, has passed the impugned order. It is learnt that the Respondent No.1 got the amount released. The W.P has become infructuous.
Hence, this Memo is filed for withdrawal of the above Writ Petition. The Hon’ble Court may kindly be pleased to dismiss the above W.P. in the interest of justice and equity.”
Sd/(S.R.KRISHNA KUMAR)
JUDGE
LG
List No.: 1 Sl No.: 21
The United India Insurance Company Limited
Basangouda @ Basavaraj by Sumitra Sherigar
Chandram S/o Hanamanth Ukkali
Mallappa S/o Gurappa Pujari
S.R.Krishna Kumar
As recorded by the court registry
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