IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION Nos.25472/2016 & 26563/2016 (GM-AC) BETWEEN:
1. SMT. VEENA D/O. LATE GANGANNA @ GANGADHAR, W/O. GIRISH, AGED ABOUT 26 YEARS, RESIDING AT BEHIND BASAWESHWARA HOSPITAL, HOUSING BOARD, CHITHRADURGA-577 515.
2. SHASHIKUMARA S/O. LATE GANGANNA @ GANGADHAR, AGED ABOUT 23 YEARS, R/AT KATANAYAKANAHALLI VILLAGE, HIRIYUR TALUK, CHITHRADURGA DISTRICT-577 599.
... PETITIONERS (BY SMT. BHAGEERATHI L, ADV. FOR SRI BHOJARAJA, ADV.) AND:
1. M/S. RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, MAGANUR COMMERCIAL COMPLEX, NEAR BY KSRTC BUS STAND, B.D. ROAD, CHITHRADURGA DISTRICT-577 515.
2. SRI. RAMACHANDRAPPA S/O. NINGAPPA, MARUTHI SCHOOL, VEDAVATHI NAGARA, HIRIYUR, CHITHRADURGA DISTRICT-577 599.
(R1 & 2 ARE SERVED & UNREPRESENTED) ... RESPONDENTS THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED ORDER AT ANNEXURE-E DATED 14.03.2016 ON APPLICATIONS UNDER SECTION 151 OF CPC FILED BY THE P-2 & 4 IN MVC NO.118/2011 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, AT HIRYUR INSOFAR AS IT RELATES TO REFUSING TO RELEASE THE ENTIRE FIXED DEPOSIT IN THE NAME OF THE P-2 & 4 AND PASS AN ORDER OR DIRECTION TO RELEASE THE REMAINING FIXED DEPOSIT AMOUNT WITH INTEREST IN FAVOUR OF THE PETITIONERS.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court assailing the order dated 14.03.2016 passed on the application filed by petitioners No. 2 and 4 in MVC No.118/2011.
2. The petitioners herein are petitioners No. 2 and 4 in the proceedings in MVC No.118/2011. The said proceedings along with the clubbed matter was disposed of through the judgment and award dated 02.04.2012. In respect of the compensation awarded, the Tribunal had directed that the amount be kept in deposit in the manner as indicated therein. The period for which it was ordered to be kept in deposit is five years and in respect of petitioner No.2 herein, since he was a minor at that point in time, it was ordered that the amount be kept in deposit till he attains the age of majority or for a period of five years whichever is later. It is submitted that respondent No.2 has attained the age of majority.
3. If that be so, to the said extent, the document be produced before the Tribunal. Though that be the position, since the period of five years has not elapsed, the Tribunal has not considered the application filed by the petitioners seeking disbursement of the remaining portion of the amount which is kept in deposit and has allowed only a portion of the amount to be disbursed.
4. In that regard, having taken note of the entire conspectus of the matter and also keeping in view the fact that this Court in MFA No.448/2013 has enhanced the compensation subsequently through the judgment dated 02.04.2012 and the portion of the amount as enhanced therein is ordered to be kept in deposit, if the entire amount as initially awarded by the Tribunal and a portion kept in deposit if released at this point, no prejudice in any event would result to the petitioners at a later point since the remaining portion of the amount would be available.
5. Therefore to the said extent, the order dated 14.03.2016 is modified. The prayer as made in the application seeking release of the entire fixed deposit amount relating to the petitioners herein who are petitioners No. 2 and 4 before Court below shall be considered and released to the petitioners. It is however made clear that the enhanced portion of the amount as ordered in the MFA No.448/2013 shall continue to remain in deposit.
The petitions are disposed of accordingly.
Sd/- JUDGE hrp/bms