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NC: 2026:KHC:16870 WP No. 39566 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 39566 OF 2025 (GM-AC)

BETWEEN:

THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE,

NO.9/2, MAHALAKSHMI CHAMBERS, M.G.ROAD,BENGALURU - 560 001.

REPRESENTED BY ITS MANAGER …PETITIONER

(BY SRI. VENKATESH KAMATH B.R.,ADVOCATE)

AND:

1. SMT. SANDHYA RANI W/O LATE HARISH KUMAR K. A.,

AGE ABOUT 25 YEARS

2. KUM LAKSHYA HARISH Digitally signed by CHAITHRA A D/O LATE HARISH KUMAR K. A., Location: HIGH

COURT OF AGE ABOUT 13 YEARS KARNATAKA

3. MASTER LAVITH HARISH S/O LATE HARISH KUMAR K. A.,

AGE ABOUT 8 YEARS

SINCE SECOND AND THIRD RESPONDENTS ARE MINORS

HENCE REP. BY HER MOTHER & NATURAL GUARDIAN SMT. SANDHYA RANI P.C.,

RESPONDENT NO. 1 TO 3 R/AT NO-3, LAKSHYA MANE,

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NC: 2026:KHC:16870 WP No. 39566 of 2025

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1^ST CROSS, 1^ST MAIN, P & T, LAYOUT, ANANDAPURA, K.R.PURAM,

BANGALORE, PIN CODE-560036.

4. RAFFI. C S/O CHAND BASHA.

NO 40. A/3, BASHEER MOHAMMED LAYOUT, GANDHI NAGAR, KRISHNAGIRI, TAMIL NADU, PIN CODE 635001

…RESPONDENTS

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TOA. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHES APPROPRIATE WRIT QUASHING THE ORDER DATED 03-09-2025 PASSED IN MVC NO.3732/202024 ON THE FILE OF LEARNED CHIEF JUDGE COURT OF SMALL CAUSES BANGALORE, MOTOR ACCIDENT CLAIM TRIBUMAL (SCCH-1), THE COPY OF THE SAID ORDER IS

AT ANNEXTURE-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

This petition is by the New India Assurance Company

Ltd., assailing the order of the Tribunal in rejecting the

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NC: 2026:KHC:16870 WP No. 39566 of 2025

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impleading application filed under Order I Rule 10 of Code

of Civil Procedure, 1908.

2. Heard the learned counsel for the petitioner.

Perused the records.

3. The claim petition is instituted for having lost

one Mr. Harish Kumar in a road traffic accident that occurred on 06.01.2024. The present petitioner, who is arrayed as respondent No.2–insurer of the offending lorry, has entered appearance and filed its statement of objections. In the objections, a specific plea is taken that the accident in question is not attributable solely to the driver of the insured lorry, but is the result of composite negligence involving multiple vehicles. It is contended that two other cars were also involved in the occurrence and, therefore, their owners and insurers are necessary parties to the proceedings. Proceeding on this premise, the petitioner has also sought impleadment of the National Highways Authority of India and the alleged vehicles,

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asserting that in their absence, the adjudication of liability

would be incomplete and defective.

4. The Tribunal, upon consideration of the

pleadings, the impleading application, and the objections filed by the insurer, has examined the material placed on record, particularly the charge sheet filed by the jurisdictional police. On such examination, the Tribunal has recorded a categorical finding that the offending lorry, which is insured with the present petitioner, is directly involved in the accident and that its driver has been charge sheeted for the offence punishable under Section 304A of the Indian Penal Code. In view of this prima facie material indicating culpability of the driver of the insured vehicle, the Tribunal has declined to entertain the application seeking impleadment of other parties, holding that their presence is not necessary for effective adjudication of the claim petition. Consequently, the said application came to be rejected, which is now called in

question.

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5. This Court, in a catena of judgments, has

consistently expounded the principle governing cases of composite negli

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