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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^th DAY OF SEPTEMBER 2018

BEFORE

THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA

WRIT PETITION NO.12578/2018 (MV)

BETWEEN:

MR. A. SUPREETH

AGED ABOUT 32 YEARS,

SON OF MR. R. ANANTHA KRISHNA,

RESIDING AT NO.418/13, 5^TH CROSS,

7^TH MAIN, HAMPI NAGAR,

BENGALURU-560 040.

... PETITIONER

(By Sri. SUNDARA RAMAN M V, ADV. )

AND

1.THE REGIONAL TRANSPORT OFFICER (RTO)

RAJAJINAGAR SHOPPING COMPLEX,

BENGALURU-560 010.

2.THE UNITED INDIA INSURANCE COMPANY

REGIONAL OFFICE,

MOTOR SERVICE HUB,

KRISHI BHAVAN,

NRUPATHUNGA ROAD,

HUDSON CIRCLE,

BENGALURU-560 001.

... RESPONDENTS

(By Sri. A.S. PONNANNA, ADDL. ADV. GENERAL

a/w Sri. V. SHIVA REDDY, HCGP FOR R1

Sri. KRISHNA KISHORE, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ATICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENT NO.1 TO AMEND AND ISSUE THE REGISTRATION

CERTIFICATE (RC) BEARING NO. RCA0020391 REFLECTING THAT THE

PETITIONER IS THE OWNER OF CAR BEARING NO.KA 03 MX 9358

WITH EFFECT FROM 06.03.2016 AND ETC.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The petitioner herein, a practicing lawyer at Bangalore is

seeking writ of mandamus to direct the respondent No.1 to issue

the Registration Certificate bearing No.RCA0020391 reflecting

the petitioner as owner of car bearing Registration No. KA 03 MX

9358 with effect from 6.3.2017 and for a writ of certiorari

quashing the letter dated 5.2.2018 issued by respondent No.2

rejecting his claim vide Annexure-A and also for a direction to

the said respondent to process his claim once again and to

consider settlement of his claim pursuant to said representation

and for further orders.

2.

Brief facts leading to this writ petition are as under:

The petitioner herein purchased motor car bearing

Registration No.KA 03 MX 9358 from one Mr.Ankur Khanna, on

06.03.2017 as could be seen from Form 29 which is produced at

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Annexure-B. Thereafter he applied to the 1^st respondent seeking

transfer of registration of aforesaid vehicle to his name on

24.3.2017.

3.

The records would indicate that when the application

seeking transfer of the vehicle was pending consideration before

the 1^st respondent, the policy issued to the vehicle in question by

the 2^nd respondent expired necessitating the petitioner to seek

renewal of the policy to the aforesaid vehicle. As on the date

when the policy expired, the possession of the vehicle in

question was with the petitioner vide Annexure-B. As required

under the Motor Vehicles Act, petitioner had applied for transfer

of ownership to his name, since the application filed seeking

transfer of the vehicle was pending consideration, the insurance

company had not renewed the policy of the vehicle in the name

of the petitioner though the premium is received from him, as

could be seen from the unmarked document produced by the

petitioner, on 7.6.2018 where the receipt issued for receiving the

premium would indicate the particulars of the petitioner, his

phone number, as the person who renewed the policy and the

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cheque is received by him from his father’s account for and on

behalf of the registered owner and the policy issued also would

reflect the address of the petitioner and his E-Mail address as

well as telephone number, his communication address.

4.

When matter stood thus, on 23.11.2017 the said

vehicle met with an accident resulting in extensive damage to it.

Thereafter an order was passed by the 1^st respondent effecting

transfer of the aforesaid vehicle from the name of Ankur Khanna

to the name of the petitioner by order dated 7.12.2017.

Subsequently, an application is made by the petitioner seeking

transfer of the policy to his name in the records of 2^nd

respondent. In the meanwhile, he also filed an a