Back
2024 Supreme(Online)(KAR) 37174
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 23119 OF 2021 (L-RES)
BETWEEN:
SMT. MADHUMITHA, W/O. LATE NAGARAJA, AGED ABOUT 31 YEARS, R/O. NADURU VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 120.
NOW R/AT CHENNAI, TAMILNADU, REPRESENTED BY GPA HOLDER SMT. LALITHAMMA, WIFE OF LATE SRINIVAS, AGED ABOUT 50 YEARS, R/O. NADURU VILLAGE AND ALSO AT MADDAKKANAHALLI VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMKURU DISTRICT - 572 120.
…PETITIONER Digitally signed by (BY SRI. RAMESH K.R, ADVOCATE)
SHARMA ANAND CHAYA Location: High AND:
Court of Karnataka
1. SRI. ASHOK SON OF NANJAPPA, AGED ABOUT 49 YEARS, MADANAYAKANAHALLI, MADAVARA POST, DASANAPURA HOBLI, BANGALORE NORTH - 562 123.
2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., ANIL DHIRU BAI AMBANI GROUP, 11TH MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU - 560 041.
…RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2;
R1 SERVICE OF NOTICE IS DISPENDED WITH VIDE ORDER DATED 16.01.2023)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.11.2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SIRA ON I.A.NO.2 IN ECA NO.11/2017 AT ANNEXURE-D, AND THEREBY ALLOWING THE IA NO.2 FILED U/S 151 OF CPC IN ECA NO.11/2017.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is assailing the order dated 12.11.2021 in ECA.No.11/2017 (Annexure-D) passed by the Senior Civil Judge, JMFC, Sira, rejecting the application made by the petitioner seeking relief of compensation paid in ECA.No.11/2017.
2. The relevant facts for adjudication of the case are that, the husband of the petitioner-Nagaraja was working as a driver in a TATA ACE Goods vehicle bearing Reg.No.KA.52.8908 and died in a road accident during his employment. Therefore, wife of the deceased-Nagaraja-Smt.Madhumitha (Petitioner herein) has filed ECA.No.11/2017 on the file of the Senior Civil Judge and Additional MACT, Sira. The said claim petition came to be allowed by award dated 20.03.2020 (Annexure-B), wherein, the Tribunal has awarded compensation of Rs.11,60,000/- to the petitioner herein. Thereafter, the amount came to be deposited before the Tribunal and thereby, the petitioner has filed an application to the Tribunal seeking release of amount through her Power of Attorney holder, Smt. Lalithamma. The said application came to be rejected by the Tribunal and being aggrieved by the same, the petitioner has presented this writ petition.
3. Having heard the learned counsels appearing for both parties, it is not in dispute that, husband of the petitioner-Nagaraja, died in a road accident and thereby the Tribunal, vide award dated 20.03.2020 in ECA.No.11/2017 (Annexure-B), awarded compensation of Rs.11,66,000/- with interest. Having taken note of the factual aspects on record as the petitioner-Smt.Madumitha has executed the registered General Power of Attorney dated 06.03.2017 (Annexure-A) and authorised the Power of Attorney holder-Smt.Lalithamma to conduct the case before the Tribunal as well as to receive any amount that may be made by the LIC or any other policy thereunder.
4. In that view of the matter, taking into consideration the factual aspects on record and as it is submitted by the learned counsel appearing for the petitioner that the petitioner is residing at Chennai and therefore, as the entire case in ECA.No.11/2017 was conducted by the petitioner through her Power of Attorney holder-Smt.Lalithamma as per Annexure-A.
5. Therefore, I am of the view that, there is no impediment before the Tribunal to release the compensation in favour of the Power of Attorney holder of the petitioner- Smt.Madhumitha. Hence, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, order dated 12.11.2021 on the file of the Senior Civil Judge and JMFC, Sira on I.A.No.2 in ECA.No.11/2017 passed by the Trial Court is hereby quashed and the application filed by the applicant-petitioner under Section 151 of CPC, making a prayer to release the entire compensation amount in favour of the applicant therein, be accepted. Accordingly, writ petition is hereby allowed.
