Karnataka High Court
Smt Jayamma vs Ashoka on 1 March, 2014
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 01ST DAY OF MARCH 2014
BEFORE
THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA
WRIT PETITION NO.25289/2012
AND
WRIT PETITION NOS.26153-55/2012 (GM-AC)
BETWEEN:
1. SMT JAYAMMA
W/O LATE KALAIAH
AGED ABOUT 33 YEARS
2. KUMARI MANASA
D/O LATE KALAIAH
AGED ABOUT 15 YEARS
3. KUMARI JAYASHREE
D/O LATE KALAIAH
AGED ABOUT 12 YEARS
4. SRI ASHOKA
D/O LATE KALAIAH
AGED ABOUT 10 YEARS,
PETITIONER NO. 2 TO 4 ARE MINORS SINCE
REPRESENTED BY THEIR MOTHER/NATURAL
GUARDIAN 1ST PETITIONER
ALL R/O GOPALAPURA VILLAGE
JAYAPURA- HOBLI, TALUK-MYSORE
PIN CODE-570 005
... PETITIONERS
(By Sri: SOMASHEKAR KASHINATH, ADV)
2
AND
1. ASHOKA
S/O CHIKKABOREGOWDA
AGED 29 YEARS
R/O KANIYANAHUNDI VILLAGE
HAMPAPURA HOBLI, H D KOTE TALUK
PIN CODE-571114
2. SRI SWAMYGOWDA
S/O THAMMEGOWDA
AGED ABOUT 46 YEARS
R/O GOPALAPURA VILLAGE
JAYAPURA- HOBLI, TALUK- MYSORE
PIN CODE -570 005
3. DIVISIONAL MANAGER
BAJAJ ALLIANZ GENERAL
INSURANCE CO LTD
R/O 1/82, NANJAMMA COMPLEX
METTUPALYAM ROAD, THUDIYALUR
COMBATTUR
PIN CODE-641034
4. SMT. VENKATALAKSHMI
W/O LATE KALAIAH @ KALAPPA
AGED ABOUT 41 YEARS
5. SRI RAJESH K
W/O LATE KALAIAH @ KALAPPA
AGED ABOUT 21 YEARS
6. KUMARI DEEPIKA K
D/O LATE KALAIAH @ KALAPPA
AGED ABOUT 19 YEARS
ALL R/O DOOR NO. 174
E W S SUBRAMANYANAGAR
HEBBAL III STAGE, MYSORE
PIN CODE: 570 005
... RESPONDENTS
3
(By Sri: SRINIVASA D C FOR R4-6,
R1-3 DISPENSED WITH)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER PASSED BY THE FAST
TRACK III AND MACT, MYSORE IN EX.NO.261/2011 ON I.A
NO.4, DATED 18/07/2012, AS ANNEXURE-F AND
CONSEQUENTLY DISMISS THE I.A NO.4 OF U/O.21 RULE
97 OF CPC AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners had filed MVC No.199/2010 in the MACT at Mysore, against the respondents 1 to 3, under Section 166 of Motor Vehicle Act, seeking awarding of compensation on account of death of one Kalaiah, S/o late Marikalaiah, who sustained injuries in a road traffic accident that occurred on 03.01.2010 and later succumbed. The claim petition was allowed in part and an award directing the payment of Rs.3,58,000/- with interest was passed on 13.01.2011. Execution Petition No.261/2011 was filed to execute the said award. In that petition I.A.No.4 was filed by the respondents 4 to 6 herein, to treat them as obstractors and to adjudicate their right to claim compensation on account of death of 4 deceased Kalaiah. The Execution Court, by an order dated 18.07.2012, allowed I.A.No.4 and the applicants were held entitled to compensation, in equal proportion with that of the decree holders in MVC No.199/2010. Assailing the said order passed on 18.07.2012, these writ petitions were filed.
2. The second respondent herein, the owner of the offending vehicle had questioned the aforesaid judgment and award in MFA No.3859/2011. By a judgment dated 14.02.2014, the award fastening liability on the appellant-owner was set aside and the case was remitted to the Tribunal for decision in accordance with law, after affording opportunity to both the parties. Amount in deposit was ordered to be refunded to the appellant-owner.
3. In view of the judgment dated 14.02.2014 passed in MFA No.3859/2011, award dated 13.01.2011 passed in MVC 261/2011 is unexecutable and hence, it is unnecessary to decide the legality or otherwise of the impugned order, inasmuch as MVC No.199/2010 is 5 required to be decided afresh by the MACT at Mysore, by keeping in view the findings and observations made in the Judgment passed in the said appeal.
In the result, the writ petitions are disposed of as not surviving for consideration. However, it is open to respondents 4 to 6 herein to get themselves impleaded in MVC No.199/2010 on the file of MACT, Mysore, which shall decide the case in accordance with law.
Sd/-
JUDGE JT/-