Dismissed¶¶36-38

The Divisional Manager v. Smt. Shaila Shankar Kumbar

Motor Vehicles Act, 1988 – S.173(1)

Karnataka HC15 Jul 2025MFA/103068/2023

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What is this about?

NC: 2025:KHC-D:8731 — High Court of Karnataka, Dharwad Bench (Hanchate Sanjeevkumar J., 15-07-2025): insurer's MFA No.103068 of 2023 (MV-D) under S.173(1) of the Motor Vehicles Act, 1988 against the award dated 12.12.2022 in MVC No.466/2016 (Chikkodi Tribunal) dismissed for non-prosecution for repeated non-compliance with office objections; no merits decided and no precedent value; respondents include claimant Smt. Shaila Shankar Kumbar and family, truck owner Sri Ravindra M. (TN-52/D-4955), Sri Viraupaxi Channabasu Mane, and United India Insurance Co. Ltd.

What did the court decide?

The appeal is dismissed for non-prosecution as office objections were not complied with even after six opportunities. ¶¶36-38

The Divisional Manager Vs Smt. Shaila Shankar Kumbar — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC-D:8731 MFA No. 103068 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO. 103068 OF 2023 (MV-D)

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BETWEEN:

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, MAHAVEER CHAMBERS, ASHOK NAGAR, NIPPANI TOWN, BELAGAVI DISTRICT, NOW REPRESENTED BY ITS ASSISTANT MANAGER.

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… APPELLANT

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(BY SRI. S.K. KAYAKAMATH, ADVOCATE)

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AND:

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SMT. SHAILA SHANKAR KUMBAR, AGE: 45 YEARS, OCC: HOUSEHOLD,

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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KUMAR AKSHAY S/O SHANKAR KUMBAR, AGE: 19 YEARS, OCC: STUDENT,

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KUMARI SWATI D/O SHANKAR KUMBAR, AGE: 15 YEARS, OCC: STUDENT,

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SINCE MINOR, REPRESENTED BY NATURAL GUARDIAN MOTHER RESPONDENT NO.1.

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SMT. CHAMPABAI W/O IRAPPA KUMBAR, AGE: 72 YEARS, OCC: HOUSEHOLD WORKER,

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ALL ARE RESIDENTS OF ANKALI, TQ: CHIKKODI, DIST: BELAGAVI-590 001.

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NC: 2025:KHC-D:8731 MFA No. 103068 of 2023

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HC-KAR

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SRI. RAVINDRA M. F/O MARIMUTHU A., AGE: MAJOR, OCC: BUSINESS, R/O: 4/137, OLD SHANMUGAPURAM, POST: MAGUDAN CHAVADI, TQ: SANKARI, DIST: SALEM, TAMILNADU-600 019, (OWNER OF TRUCK BEARING REGISTRATION NO. TN-52/D-4955).

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SRI. VIRAUPAXI CHANNABASU MANE, AGE: MAJOR, OCC: AGRICULTURE, R/O: SIDDAPURWADI, TQ: CHIKKODI, DIST: BELAGAVI-590 001.

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THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., PHARALE BUILDING, K.C. ROAD, NEAR PRABHAKAR TALKIES, CHIKKODI-591 201.

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… RESPONDENTS

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 12.12.2022 PASSED IN MVC NO.466/2016 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE, CHIKKODI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC-D:8731 MFA No. 103068 of 2023

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)

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