Dismissed¶34

Smt Umabai W.O Late Madhav Rao Patil v. the Divisional Controller

Karnataka HC25 Apr 2025MFA/102063/2023

Case brief

AI extract

What is this about?

Dismissal for default/non-prosecution of MFA No.102063 of 2023 (MV-D), High Court of Karnataka, Dharwad Bench (NC: 2025:KHC-D:6910-DB), decided 25.04.2025 by S G Pandit and C.M. Poonacha JJ. Enhancement of motor accident compensation sought under Section 173(1) Motor Vehicles Act, 1988 against award dated 21.09.2022 in MVC No.704/2018 (IV Addl. Senior Civil Judge & Addl. MACT, Dharwad); respondents North West Karnataka Road Transport Corporation (Divisional Controller and Self Insurance Fund); office objections uncomplied; no representation; costs of Rs.5,000 payable to High Court Legal Services Committee, Dharwad.

What did the court decide?

The appeal stands dismissed with costs of Rs.5,000 payable to the High Court Legal Services Committee, High Court of Karnataka, Dharwad Bench. ¶34

Smt Umabai W.O Late Madhav Rao Patil Vs the… — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF APRIL, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE S G PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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MISCELLANEOUS FIRST APPEAL NO.102063 OF 2023 (MV-D)

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BETWEEN:

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SMT. UMABAI, W/O LATE MADHAV RAO PATIL, AGE. 70 YEARS, OCC. HOUSEWIFE, RESIDENCE: HOUSE NO.371-C, D.F.A. TOWNSHIP, NEAR WOOD DEPOT, DANDELI, TQ.HALIYAL NOW DANDELI, DISTRICT. NORTH KANNADA 581325.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed byASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SMT. VIDYA, W/O RAJAKUMAR JOSHI, AGE. 48 YEARS, OCC. HOUSEWIFE, RESIDENCE: MUDHOL TALUKA, MUDHOL, DISTRICT. BAGALKOT 587313.

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SRI. PRASHANT, S/O MADHAVRAO PATIL, AGE. 43 YEARS, OCC. PRIVATE WORK, RESIDENCE: HOUSE NO.371-C, D.F.A.TOWNSHIP, NEAR WOOD DEPOT, DANDELI, TQ.HALIYAL NOW DANDELI, DIST. NORTH KANNADA 581325.

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2 - NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023

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SRI. RAJENDRA, S/O MADHAVRAO PATIL, AGE. 41 YEARS, OCC. PRIVATE WORK, RESIDENCE: HOUSE NO.371-C, D.F.A.TOWNSHIP, NEAR WOOD DEPOT, DANDELI, TQ. HALIYAL NOW DANDELI, DIST. NORTH KANNADA 581325.

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…APPELLANTS

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(BY SRI. S H MUTALIK DESAI, ADVOCATE (ABSENT))

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AND:

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THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, THE DIVISIONAL OFFICE, BELGAUM DEPOT, AT: BELAGAVI 590001.

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THE SELF INSURANCE FUND, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, THE DIVISIONAL OFFICE, BELAGAVI DEPOT, AT: BELGAUM 590001.

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…RESPONDENTS

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 21.09.2022 PASSED IN MVC NO.704/2018 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023

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CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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This appeal is filed on 21.04.2023. Several opportunities

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have been provided to the appellants to comply the office objections.

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By order dated 08.04.2025, two week’s time was granted to comply the office objections, failing which the matter was ordered to be listed on 23.04.2025 for ‘Dismissal’. On 23.04.2025, as the office objections were not complied with, the matter was directed to be listed on 25.04.2025 affording one more opportunity for compliance.

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Today, when the matter is called, there is no representation for the appellants in the morning session as well as in the afternoon session. Office objections are not complied with till date in spite of providing several opportunities. It appears that the appellants are not interested in prosecuting the appeal.

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