The New India Assurance Co.,Ltd Vs Sri a P Rudresh

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NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 31357 OF 2018 (GM-AC)

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BETWEEN:

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THE NEW INDIA ASSURANCE CO.,LTD DIVISIONAL OFFICE A M ARCADE BUILDING C G HOSPITAL ROAD, DAVANAGERE REPRESENTED BY MOTOR THIRD PARTY CLAIMS HUB MAHALAKSHMI CAMBERS NO.9 2ND FLOOR, MAHATMA GANDHI ROAD, BANGALORE- 560 001. REPRESENTED BY ITS MANAGER

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…PETITIONER

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(BY SRI. RAVISHANKAR C R., ADVOCATE)

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AND:

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Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

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SRI A P RUDRESH SINCE DEAD BY HIS LEGAL HEIR SMT PARVATHAMMA AGED ABOUT 78 YEARS, W/O SRI PARAMESHWARAPPA, R/O LINGADAHALLI VILLAGE, DAVANAGERE TALUK & DISTRICT

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…RESPONDENT

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(BY SRI. G.B.SHARATH GOWDA, ADVOCATE AMICUS CURIE)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS IN MISC.NO.7/2014 ON THE FILE OF THE II ADDL. DISTRICT & SESSIONS JUDGE, DAVANAGERE (ARISING OUT OF MVC NO.734/2008, ON THE FILE OF THE II ADDL. SENIOR

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2 - NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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CIVIL JUDGE & VI MACT, DAVANAGERE, PERUSE THE SAME AND; SET ASIDE/QUASH THE IMPUGNED DISMISSAL ORDER DATED 13.04.2018 IN MISC.NO.7/2014 AS PER ANNEXURE-A AND CONSEQUNETLY DECLARE THE JUDGMENT & AWARD DATED 21.07.2011 PASSED IN MVC NO.734/2008 PRODUCED AS ANNEXURE-D AGAINST THE DECEASED RESPONDENT IS NULL AND AB-INITIO VOID., AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this writ petition, the petitioner is assailing the order dated 13.04.2018 passed in Misc. Petition No.7/2014 on the file of the II Additional District and Sessions Judge at Davanagere, dismissing the petition preferred by the petitioner herein.

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The facts in a nutshell for the purpose of adjudication of this petition are that the claimant in MVC No.734/2008 has filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation from the respondent therein. The said claim petition came to be allowed-in-part on 21.07.2011 in MVC No.734/2008 on the

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NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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file of the II Additional Senior Civil Judge and VI M.A.C.T.,

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at Davanagere (Annexure-D).

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In the meanwhile, the claimant in the

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aforementioned claim petition, A.P.Rudresh, died on 04.07.2011. Accordingly, the petitioner herein has preferred Misc.Petition No.7/2014 before the competent Court under Order 47 Rule 1 r/w Section 114 of CPC seeking to review the judgment and award dated 21.07.2011 passed in MVC No.734/2008, on the ground that the award made by the MACT is null and void, as the same is passed against a dead person. The said petition came to be dismissed as not maintainable by the competent Court on 13.04.2018 in Misc.Petition No.7/2014 (Annexure-A).

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Being aggrieved by the same, the petitioner has presented this writ petition.

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I have heard Sri. C.R. Ravishankar, learned counsel appearing for the petitioner and Sri. G.B.Sharath

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NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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Gowda, learned Amicus Curiae appearing for the

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respondent.

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It is argued by the learned counsel appearing

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for the petitioner that the award passed by the MACT in MVC No.734/2008 is against the dead person and the legal representatives of the claimant did not file necessary application to bring the legal representatives of the deceased applicant/claimant before the MACT and therefore, the findings recorded by the competent Court in Misc.Petition No.7/2014, rejecting the petition filed by the petitioner herein, requires interference by this Court.

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Per contra, Sri. G.B.Sharath Gowda, learned counsel appearing as Amicus Curiae to assist the Court submitted that, the impugned order passed by the Competent Court in Misc.Petition No.7/2014 is just and proper and does not require interference by this Court.

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In the light of the submissions made by learned counsel appearing for the petitioner and the learned

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5 - NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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Amicus Curiae, it is not in dispute that the claimantA.P.Rudresh, died on 04.07.2011 before the adjudication of the claim petition in MVC No.734/2018 i.e., on 21.07.2011.

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In that view of the matter, taking into consideration the declaration of law made by the Hon'ble Supreme Court in the case of KIRAN SINGH AND OTHERS VS. CHAMAN PASWAN AND OTHERS , reported in AIR 1954 SC 340 , wherein the competent Court has no jurisdiction in the event of the death of the party is concerned. In that view of the matter, as the award passed by the competent Court in MVC No.734/2008 is without jurisdiction and the same is nullity in law, I find force in the submission made by the learned counsel for the petitioner that the competent Court in Misc.Petition No.7/2014 has committed an error in dismissing the petition filed by the petitioner herein.

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In that view of the matter, I proceed to pass the following:

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NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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ORDER

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The writ petition is allowed .

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The order dated 13.04.2018 in Misc.Petition No.7/2014 on the file of the II Additional District and Sessions Judge, Davanagere is hereby set aside.

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The judgment and award dated 21.07.2011 in MVC No.734/2008 on the file of the II Additional Senior Civil Judge and VI MACT at Davangere is hereby set aside and the matter is remanded to the MACT in MVC No.734/2008 for fresh consideration. The said Tribunal is directed to consider the case on merits afresh in the circumstances of the case and pass appropriate orders

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Since this Court has appointed Sri. G.B.Sharath Gowda, learned Amicus Curiae to assist in the matter, I am of the view that, the petitioner be directed to pay a sum of Rs.5,000/- to the learned Amicus Curiae and the same shall be deposited before this Court within a period

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NC: 2025:KHC:40358 WP No. 31357 of 2018

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HC-KAR

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of four weeks from today and thereafter, the learned Amicus Curiae is permitted to withdraw the same.

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If any amount that has been made by the petitioner herein before the MACT, miscellaneous proceedings or before the Competent Court in MVC No.734/2008 shall be refunded to the petitionerInsurance Company herein.

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SD/(E.S.INDIRESH) JUDGE

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SMC List No.: 1 Sl No.: 50

The New India Assurance Co.,Ltd v. Sri a P Rudresh

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The New India Assurance Co.,Ltd v. Sri a P Rudresh

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