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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^th DAY OF NOVEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO.12493/2017 (GM-AC)

BETWEEN:

UNITED INDIA INSURANCE CO., LTD.,

TUMKUR BRANCH OFFICE,

THROGUH ITS REGIONAL OFFICE,

# 18, 5^TH AND 6^TH FLOORS,

KRISHI BHAVAN,5^TH AND 6^TH FLOOR,

HUDSON CIRCLE,

BANGALORE - 560 001

REPRESENTED BY ITS MANAGER

... PETITIONER

(BY SRI. JANARDHAN REDDY, ADV.)

AND:

1 . RAVIKUMAR SWAMY,

S/O UMAPATHI SWAMY,

AGED ABOUT 36 YEARS,

R/AT 1701, 20^TH C CROSS

C BLOCK, SAHAKARANAGARA,

BANGALORE - 560 092

(PETITIONER IN MVC NO.223/201)

2 . PRADEEP KUMAR SWAMY,

S/O UMAPATHI SWAMY,

AGED ABOUT 35 YEARS,

R/AT 1701, 20^TH C CROSS,

C BLOCK, SAHAKARANAGARA,

2

BANGALORE - 560 092

(PETITIONER IN MVC NO.224/201)

3 . VIKRAM H.M,

S/O KOTRAIAH,

AGED ABOUT 32 YEARS,

R/AT 57, B SECTOR,

DASARAHALLI MAIN ROAD,

NEAR CANARA BANK,

BANGALORE - 560 092

(PETITIONER IN MVC NO.225/201)

4 . RANJITHA,

W/O RAVIKUMAR SWAMY,

AGED ABOUT 33 YEARS,

R/AT 1701, 20^TH C CROSS,

C BLOCK, SAHAKARANAGARA,

BANGALORE - 560 092.

(PETITIONER IN MVC NO.226/201)

5 . PUTTAHANUMAKKA,

W/O HANUMANTHARAYAPPA,

MAJOR, R/AT HAVINALU VILLAGE,

K.T. HALLI POST,

KALLAMBELLA HOBLI,

SIRA TALUK,

TUMKUR DISTRICT

(OWNER OF THE TRACTOR AND TRAILER

NO. KA-06-TA-2424 AND KA-06-TA-2425)

... RESPONDENTS

(BY SRI. JAGADEESHGOUD PATIL, ADV.,)

THIS WRIT PETITION IS FILED UNDER ARTCLE 227 OF

THE CONSTITUTION OF INIA PRAYING TO QUASH THE ORDERS

DATED 3.3.2017 PASSED BY THE HON'BLE MACT, BANGALORE

(19^TH ACMM) IN MVC NO.223 TO 226/2015 ON HIS FILE AS PER

ANNEX-E TO E3.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING - B GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

This writ petition is filed challenging the orders

marked at Annexures E to E3 passed on Interim

applications filed under Order I Rule 10(2) of Code of

Civil

Procedure

wherein

interim

applications

are

rejected. Three separate interim applications are filed in

the claim petitions namely MVC 223 to 226/2015

pending before MACT (XXI ACMM) Bengaluru to implead

the owner and insurer of the car involved in the

accident. It is noticed that in MVC No.224 to 226/2015,

the applications are filed to implead the owner as well as

the insurer of the car involved in the accident, as

respondents No.4 and 5. In MVC No.223/2015 the

application is filed only to implead the insurer of the car.

The applications to implead proposed respondents 4 and

4

5 are objected by the claim petitioners before the MACT,

Bengaluru. Aggrieved by the rejection of the said

applications, the applicant who is the 3^rd respondent

before the MACT, Bengaluru has filed the present writ

petition.

2. As noticed above, the application to implead

only the insurer without impleading the owner of the

vehicle is not permissible. However, taking into

consideration that all the four claim petitions are arising

out of the same accident which has taken place on

13.06.2014 and given the fact that the applications are

filed in MVC Nos.224 to 226/2015 to implead the owner

of the car as well as the insurer, this Court has treated

the application filed in MVC NO.223/2015 as an

application to implead the owner of the car as well,

though, the owner is not shown as the proposed

respondent.

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3. Facts leading to the present writ petition can be

summarised as under:

On 13.06.2014 the vehicle bearing Regn.No.KA-

06-TA-2424 and KA-06-TA-2425 (tractor and trailer)

met with an accident with a car bearing Regn. No.KA-

04-MM-6049. Police after registering the FIR filed the

charge sheet, against the driver of the tractor and

trailer. The inmates of the car filed claim petitions in

MVC 223 to 226/2015 on the file of the MACT,

Bengaluru. The insurer of the tractor and trailer/

respondent No.3 filed statement of objections and took

the stand that the driver of the tracto