IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.34013 OF 2018 (GM-AC) BETWEEN:
SRI RAJANIKANTH M.L. S/O.LAKSHMANGOWDA AGED 35 YEARS R/AT NO.6/468, 1ST FLOOR 1ST BLOCK, VIDYARANYAPURAM BENGALURU-560 097.
NOW RESIDENT OF VIJAYANAGARA NEAR H.M.S. SCHOOL KASABA HOBLI TUMAKURU TALUK TUMAKURU DISTRICT. …PETITIONER (BY SRI K.G. SADASHIVAIAH, ADV.) AND:
1. SRI SHANAVAS S/O. ISMAIL AGED ABOUT 37 YEARS R/AT PERAMBRA (760606) ALMAS BUILDING-7708 D.T.B. ROAD PERAMBRA (673525) KERALA-673 525.
2. M/S. NEW INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE K.R. EXTENSION BARLANE ROAD TUMKUR-572 101. …RESPONDENTS (BY SRI S.V. HEGDE MULKHAND, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, TUMKUR IN M.V.C.NO.166/2016 DATED: 05.02.2018 ISSUING A WRIT OF CERTIORARI AS PER ANNEXURE-A TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri K.G. Sadashivaiah, learned counsel for the petitioner. Sri S.V. Hegde Mulkhand, learned counsel for respondent No.2.
2. The writ petition is admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 05.02.2018 passed by the I Additional District Judge, Tumkur, by which the application filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908 seeking release of the amount deposited by way of Fixed Deposit by the insurance company has been partly allowed.
4. Learned counsel for the petitioner submits that on account of the accident which took place, the petitioner was required to undergo operation and a sum of `.2,66,550/- is required to be spent for the operation of the petitioner. In this connection, learned counsel for the petitioner invited attention of this Court to the estimation issued by M.S. Ramaiah Memorial Hospital, Bengaluru. It is further submitted that the trial Court ought to have appreciated the fact that the petitioner requires the aforesaid amount for undergoing the operation.
5. In view of the aforesaid submission and in view of the facts of the case as well as taking into count the estimation letter issued by M.S. Ramaiah Memorial Hospital, Bengaluru which prima facie shows that the petitioner needs a sum of `.2,66,550/- for undergoing the surgery, it is directed that the trial Court shall ensure that further a sum of `.1,50,000/- is released in favour of the petitioner, to enable him to undergo the operation as suggested by the Medical Experts. After the surgery is performed, the petitioner to submit the necessary documents before the trial Court.
Accordingly, the petition is disposed of.
Sd/- JUDGE ST