Appeal against Motor Vehicles Tribunal award dismissed due to rejection of application to condone a 2656-day delay arising from mental shock and financial difficulty.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 26TH DAY OF FEBRUARY 2019
BEFORE
THE HON’BLE MR.JUSTICE P.B.BAJANTHRI
M.F.A. NO.100132/2019 (MV)
BETWEEN
(BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADV.(ABSENT))
AND
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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 29.06.2011 PASSED IN MVC NO.179/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HANGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Matter called twice. None appeared for the
appellants.
“3. That after Judgment and my counsel told me about the Judgment I was intending to prefer an appeal hence, I requested to obtain certified copy. That due to the mental shock suffered to me due to the death of My beloved Father in RTA on 06.05.2008 and in the mean time due to some personal difficulties and due to the
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financial difficulties. Due to the same I could not file an appeal in time.
4. The Handling advocate instructed me that I have a good case in appeal and there are chances of succeeding in the appeal. I also advised my advocate to apply for the certified copies of the judgment and award to file an appeal. The advocate had obtained the certified copies of the judgment and award and handed over to me, but due to some personal inconvenience and due to my ill health and Financial difficulties, I could not file an appeal in time. Hence, the delay in filing the present appeal. Therefore, there is a delay of 2656 days in filing the present appeal. That due to mental shock and due to critical financial conditions I was unable to file appeal in time. That the delay in filing present appeal is not intentional one and the same is due to unavoidable circumstances..”
Sd/JUDGE
MBS/-
1 issue framed by the court
Whether sufficient grounds exist to condone the inordinate delay of 2656 days in filing this appeal under Section 173(1) of the Motor Vehicles Act, 1988.
Anusuya W/o Ningappa Olekar and others
Basappa S/o Peerappa Chawan and others
P.B.Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
