The Divisional Bench of the Karnataka High Court at Dharwad Bench dismissed an appeal against a motor accident compensation judgment and award, rejecting an interim application to condone a delay of 778 days in filing the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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
MFA NO.100175/2018 (MV)
BETWEEN
GADIGEVVA W/O. CHANNABASAPPA GONIMATH, AGE 37 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. KOD VILLAGE IN HIREKERUR TALUK, NOW AT HALAGERI VILLAGE IN RANEBENNUR TALUK, DIST. HAVERI.
…APPELLANT
(BY SRI. G.N.NARASAMMANAVAR, ADVOCATE)
AND
THE DIVISIONAL CONTROLLER, KSRTC, NORTH WEST DIVISION, GOKULROAD, HOUSER HUBBALLI, (OWNER AND SELF INSURER OF THE KSRTC BUS NO.KA-25/F-2384)
…RESPONDENT
(SRI. S.C.BHUTI, ADVOCATE FOR RESPONDENT)
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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.08.2015 PASSED IN MVC NO.690/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGEMENT
Heard on I.A.No.1/2018 for condonation of delay of 778 days in filing the appeal.
affidavit reads as under:
“After the accident to my financial condition is week. I am not aware about the limitation period. Due to poverty and ill health and non awareness of law the delay of 778 is caused in filing this appeal. I submit that the delay is bonafide one, the delay is not intentional. If the delay is condoned no harm or loss will be caused to other side. On the contrary if the delay is not condoned, I will be put to great loss and hardship. I have got good case on merits.”
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stating that, poverty, ill-health and non awareness of law and delay is not intentional. For these reasons the delay of 778 days cannot be condoned. Accordingly, I.A.No.1/2018 is rejected. Consequently, the appeal stands dismissed.
Sd/JUDGE
*Svh/-
1 issue framed by the court
Whether the delay of 778 days in filing the appeal can be condoned given reasons of poverty, ill health, and non-awareness of law.
Gadigevva W/o. Channabasappa Gonimath
The Divisional Controller, KSRTC, North West Division
P.B. Bajantri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
