Dismissed

Channavva v. the Managing Director

Karnataka HC3 Aug 2022MFA/100563/2017

Case brief

AI extract

What is this about?

In MFA 100563 of 2017, this Court dismissed an application for condonation of delay in filing an appeal against a Motor Accident Claim Tribunal award. The appellant's reason of misplaced papers was found unsatisfactory. Consequently, the appeal seeking enhancement of compensation was dismissed.

What did the court decide?

Application for condonation of delay was dismissed; consequently, the main appeal was dismissed.

Channavva Vs the Managing Director — Motor Accident Claims | Karnataka HC (2022)

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MFA No. 100563 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 03RD DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 100563 OF 2017

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(MV-I)

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BETWEEN:

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CHANNAVVA W/O HANUMANTHAPPA BARKI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KAKOL, TQ: RANEBENNUR-591115, DIST: HAVERI.

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(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR, KSRTC, NORTH-WEST DIVISION, (PRESENTLY NWKRTC) GOKUL ROAD, HUBBALLI-580030, DIST: DHARWAD.

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SIVAPUTRAPPA S/O NINGAPPA KUMBAR, AGE: MAJOR, OCC: BUSINESS, R/O: KUMBAR HOSURGALLI, KAMALAPUR, DHARWAD-580008.

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580020, DIST: DHARWAD.

…APPELLANT

…RESPONDENTS

MFA No. 100563 of 2017

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(SRI. I.C.PATIL, ADVOCATE FOR R1; SRI. S.S.KOLIWAD, ADVOCATE FOR R3; NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 10.12.2009 PASSED IN MVC NO.433/2003 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR. DN.) AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING.

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JUDGMENT

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This appeal is filed by the claimant, challenging the Judgment and award dated 10.12.2009 passed in MVC No.433/2003 on the file of the Additional Civil Judge (Sr. Dn.) and AMACT, at Ranebennur, seeking enhancement of the compensation.

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I.A.No.1/2017 is filed seeking condonation of

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delay of 2526 days in filing this appeal.

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Heard the learned counsel appearing for the appellant and the reasons assigned in the affidavit is that immediately after the Judgment and award, the papers are

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MFA No. 100563 of 2017

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misplaced and hence, the appellant could not file the appeal in time.

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The learned counsel appearing for the Insurer orally opposes the application contending that in the similar circumstances, in MFA No.100562/2017, this Court has already dismissed the appeal on the ground of delay vide order dated 04.07.2018.

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Having heard the respective counsels and also on perusal of the reasons for the delay stated in the affidavit, the only reasons assigned is that, missing of the papers and getting them back before filing of the appeal and the explanation given is unsatisfactory and each days delay has not been explained.

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On merits, the claimant has suffered the injuries in a road traffic accident. He has made a claim before the tribunal. The tribunal on consideration of the materials placed on record, has awarded a compensation

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MFA No. 100563 of 2017

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of Rs.1,04,100/- at the rate of 6% interest per annum

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from the date of the petition till its realization.

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In the circumstances, the application for condonation of delay is dismissed. Consequently, the appeal is also dismissed.

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Sd/JUDGE

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SVH

Channavva v. the Managing Director

Case brief

What is this about?

What did the court decide?

Channavva v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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