IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42692 OF 2018 (GM-AC) BETWEEN:
LAKSHMAMMA W/O. HANUMANTHEGOWDA AGED ABOUT 69 YEARS R/AT ATHIHALLI VILLAGE SALAGAME HOBLI HASSAN-573 201 … PETITIONER (BY SMT.M.C.NAGASHREE AND SRI PRAKASHA H.C., ADVOCATES) AND 1. THE MANAGER SRI RAM GENERAL INSURANCE CO. LTD. E-8, EPIP, RYCO INDUSTRIAL AREA SEETHAPURA, JAIPURA RAJASTHAN-302 003 2. HIDAYATH KHAN S/O. SHEK ALI KHAN DOOR NO.130 5TH CONSTITUTION MYSORE TOWN NAGAMANGALA TOWN-570 001 (OWNER OF MAXICAB BEARING No.KA-11-3743) 3. SRI RAM TRANSPORT FINANCE CO. D-8 EPIO RYCO INDUSTRIAL AREA SEETHAPURA, JAIPURA RAJASTHAN-302 003 REPRESENTED BY SRI RAM FINANCE & GENERAL INSURANCE CO. LTD.
RAJATH COMPLEX, 2ND FLOOR OPPT. MAHAVEERA PETROL BUNK B.M. ROAD HASSAN-573 201 ... RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.03.2018 (ANNEXURE-B) PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN ON I.A. IN MVC No.1785/2009.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.M.C.Nagashree, learned Counsel appearing for Sri Prakash H.C., learned Counsel for the petitioner.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 20.03.2018 passed by the the Court of the Additional District Judge and Member, MACT-II, Hassan that the application submitted by the petitioner seeking withdrawal of the amount in question has been rejected.
3. When the matter was taken up today, learned Counsel for the petitioner submitted that the petitioner is aged about 70 years and has suffered injuries in the accident and she requires some amount for maintenance and towards medical expenses.
4. After hearing the learned Counsel for the petitioner and on perusal of the order dated 20.03.2018, the impugned order is quashed and set aside as the same is not bearing any reasons. The MACT is directed to disburse the amount of Rs.75,000/- (Rupees Seventy Five Thousand Only) in favour of the petitioner in order to meet the expenses on account of her maintenance as well as medical expenses bearing in mind the age of the petitioner is 70 years.
Accordingly, the petition is allowed.
Sd/- JUDGE LB