The appellant challenged the enhancement of compensation amount under the Motor Vehicle Act. The court dismissed the appeal, noting the appellant's counsel lacked clear instructions to proceed with condonation of delay despite admitted delay in filing.
The appeal is dismissed as the counsel has no instructions to proceed with the matter.
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.
NC: 2023:KHC:36402 MFA No. 571 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO.571 OF 2022 (MV-I)
BETWEEN:
SMT. MANJUSHREE K.C. AND MANNJULA W/O. MANJUNATHA C. MANJAPPA R. AGED ABOUT 29 YEARS, AGRICULTURIST *HOUSE HOLD WORK, R/O. BASAVESHWARA NAGAR, HOSADURGA TALUK-577 527, CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI JAGADEESH D.C., ADVOCATE)
AND:
…RESPONDENTS
NC: 2023:KHC:36402 MFA No. 571 of 2022
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AMOUNT TO THE APPELLANT PAYABLE BY THE RESPONDENTS WITH INTEREST AT 18% AS CLAIMED IN MVC NO.891/2019 BY THE APPELLANT BY MODIFYING THE JUDGMENT AWARD DATED 21.10.2019 PASSED IN MVC NO.891/2019 BY THE LEARNED SENIOR CIVIL JUDGE AND MACT., HOSADURGA IN ACCORDANCE WITH LAW AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
there is a delay in filing the appeal. However, in spite of his best efforts, the appellant is not giving him any instructions in respect of filing the necessary application for condonation of delay. He further submits that, he has
no instructions to go on with the matter.
SD/JUDGE
RCK
List No.: 2 Sl No.: 5
1 issue framed by the court
Whether the financial inability to obtain instructions from the client justifies the continuance of an appeal despite admitted delay?
Smt. Manjushree K.C. and Mannjula W/o. Manjunatha C. Manjappa R.
T.N. Geethalakshmi
The Divisional Manager, National Insurance Company Ltd.
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
