IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.103648 OF 2021 (GM-AC)

C/W MISCELLANEOUS FIRST APPEAL No.101133 OF 2022 (MV)

IN WRIT PETITION No.103648 OF 2021:

BETWEEN:

1 . KUMARI RASHIKA D/O BHAIRU SHINDE AGED ABOUT 06 YEARS OCC: STUDENT, SINCE MINOR REPRESENTED BY HER NEXT FRIEND SMT. SUSHILA W/O DASHARATH SHELAR AGED ABOUT 68 YEARS OCC: HOUSEHOLD WORK R/O HARAGAPURGAD – 591 313 TALUK: HUKKERI, DISTRICT: BELAGAVI.

2 . SMT. SUSHILA W/O DASHARATH SHELAR AGED ABOUT 68 YEARS OCC: HOUSEHOLD WORK R/O HARAGAPURGAD – 591 313 TALUK: HUKKERI, DISTRICT: BELAGAVI.

... PETITIONERS (BY SMT. SUNANDA P.PATIL, ADVOCATE)

AND:

1 . SMT. SHOBHA W/O BABU KADAM FALSELY CALLING HERSELF AS MINOR GUARDIAN OF MINOR PETITIONER RASHIKA D/O BHAIRU SHINDE R/O MANAGUTTI – 591 243 TALUK: HUKKERI, DISTRICT: BELAGAVI.

2 . SHRI RAHUL S/O SHANKAR RAO PATIL AGED ABOUT 30 YEARS OCC: BUSINESS R/O F.NO. 3-A(S-4) SECOND FLOOR DEEPALI APPTS, B WING, BORDA SALCETE MARGOA SOUTH GOA, GOA – 403 601.

3 . HDFC ERGO GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS OFFICE AT

1^ST FLOOR, VIRUPAKSHKRUPA OPP: KIMS MAIN GATE, P.B.ROAD HUBBALLI – 580 021.

4 . N.YASHAVANT S/O T.G.NATARAJ R/O KALAGHATAGI ROAD NO.61, GIRI NAGAR, SARASWATPUR DHARWAD – 580 002.

5 . HDFC ERGO GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS OFFICE AT

1^ST FLOOR VIRUPAKSHKRUPA OPP: KIMS MAIN GATE, P.B.ROAD HUBBALLI – 580 021.

... RESPONDENTS (BY SRI PRASHANT MATHAPATI, ADVOCATE FOR R1;

SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R3 AND R5;

SMT. CHITRA M.GOUNDALKAR, ADVOCATE FOR R2;

R4 - SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE COMPROMISE DECREE/AWARD DATED 14.08.2021 IN MVC 1567/2020 PRODUCED AT ANNEXURE M PASSED BY VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, BEFORE LOK ADALAT.

IN MISCELLANEOUS FIRST APPEAL No.101133 OF 2022:

BETWEEN:

KUMARI RASHIKA D/O BHAIRU SHINDE AGED ABOUT 06 YEARS OCCUPATION: STUDENT SINCE MINOR REPRESENTED BY HER NEXT FRIEND SMT. SUSHILA W/O DASHARATH SHELAR AGED ABOUT 68 YEARS OCC: HOUSEHOLD WORK R/O HARAGAPURGAD – 591 313 TALUK: HUKKERI, DISTRICT: BELAGAVI.

... APPELLANT (BY SMT. SUNANDA P.PATIL, ADVOCATE)

AND:

1 . SHRI RAHUL S/O SHANKAR RAO PATIL AGED ABOUT 30 YEARS OCC: BUSINESS R/O F NO. 3-A(S-4) SECOND FLOOR DEEPALI APPTS, B WING, BORDA SALCETE MARGOA SOUTH GOA, GOA – 403 601.

2 . HDFC ERGO GENERAL INURANCE CO. LTD., REPRESENTED BY ITS OFFICE AT

1^ST FLOOR, VIRUPAKSHKRUPA OPP. KIMS MAIN GATE, P.B.ROAD HUBBALLI – 580 021.

3 . N.YASHAVANT S/O T.G.NATARAJ R/O KALAGHATAGI ROAD, NO.61 GIRI NAGAR, SARASWATPUR DHARWAD – 580 002.

4 . HDFC ERGO GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS OFFICE AT

1^ST FLOOR VIRUPAKSHKRUPA OPP. KIMS MAIN GATE, P.B.ROAD HUBBALLI – 580 021.

... RESPONDENTS (BY SMT. CHITRA M.GOUNDALKAR, ADVOCATE FOR R1;

SMT. BHARATHI G.BHAT, ADVOCATE FOR R3;

SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R2 AND R4)

THIS MFA IS FILED U/S 173(1) OF THE MV ACT, 1988 ALLOW THE APPEAL BY SETTING ASIDE THE ORDER AS PETITION CLOSED DATED 25.08.2021 IN MVC NO.2324/2019 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HUKKERI.

THESE WRIT PETITION AND MISCELLANEOUS FIRST APPEAL ARE HAVING BEEN HEARD AND RESERVED FOR ORDERS / JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA CAV ORDER/JUDGMENT The petitioners and the appellant in both these cases are before this Court calling in question the award of the Lok Adalat passed in M.V.C.No.1567 of 2020 dated 14-08-2021 and the order of dismissal of the claim petition in M.V.C.No.2324 of 2019 dated 25-08-2021 respectively in the Writ Petition and the Miscellaneous First Appeal, on the score that the award of the Lok Adalat was passed in the absence of the petitioners who had filed the first claim petition and that the compensation awarded is grossly under calcul