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Chinnappa Vs United India Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2025)

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Karnataka HC
2025
Chinnappa Vs United India Insurance Co. Ltd.Chinnappa v. United India Insurance Co. Ltd.

Dismissed¶32

Chinnappa v. United India Insurance Co. Ltd.

Karnataka HC10 Sept 2025MFA/4476/2014

Case brief

AI extract

What is this about?

Karnataka High Court 2025; MFA No.4476 of 2014 (MV); appeal dismissed for non-prosecution; appellants' counsel absent; matter listed under caption 'For Dismissal'; Section 173(1) MV Act; challenge to award dated 25.02.2014 in MVC No.164/2011, Principal Motor Accident Claims Tribunal, Bangalore; claim petition dismissed for no nexus between accident and death; claimant stated to have died of tuberculosis; claimants = LRs of late Chinnappa @ Kumara Bhovi; respondents = United India Insurance Co. Ltd. and Managing Director, B.M.T.C. (BMTC bus KA-01-F-1366); merits not adjudicated; no compensation awarded.

What did the court decide?

The appeal is dismissed for non-prosecution: the appellants' counsel did not turn up even after the matter was listed under the caption 'For Dismissal', and the Court found that no purpose would be served in continuing the appeal. The merits (nexus between the accident and the death) were not examined.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the judgment and award dated 25.02.2014 in MVC No.164/2011, dismissing the claim petition for want of nexus between the accident and the death, ought to be set aside and compensation awarded to the appellants.

Ratio / Principle

The appeal is dismissed for non-prosecution: the appellants' counsel did not turn up even after the matter was listed under the caption 'For Dismissal', and the Court found that no purpose would be served in continuing the appeal. The merits (nexus between the accident and the death) were not examined.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Single Bench, Hon'ble Mrs. Justice P Sree Sudha), judgment dated 10.09.2025 — MFA No.4476 of 2014 (MV) filed under Section 173(1) of MV Act by the legal representatives of the deceased original claimant, Chinnappa @ Kumara Bhovi (Smt. Lakshmamma, Sri K. C. Jayakumar, Kum. K. C. Saraswathi and Sri K. C. Prasanna), against United India Insurance Co. Ltd. (insurer) and the Managing Director, B.M.T.C. (R.C. owner) of BMTC bus bearing registration No.KA-01-F-1366, assailing the judgment and award dated 25.02.2014 passed in MVC No.164/2011 by the Principal Motor Accident Claims Tribunal, Bangalore, by which the claim petition was dismissed on the ground that there was no nexus between the accident and the death, it being stated that the claimant died due to tuberculosis. When the appeal came on for dismissal, learned counsel for the appellants (Sri. Narasimha Murthy K) was absent despite listing under the caption 'For Dismissal'. Holding that no purpose would be served in continuing the appeal, the Court DISMISSED THE APPEAL FOR NON-PROSECUTION without entering into the merits; no compensation was awarded and no costs indicated.

A

1 -

NC: 2025:KHC:35728 MFA No. 4476 of 2014

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO.4476 OF 2014 (MV)

BETWEEN:

CHINNAPPA @ KUMARA BHOVI, SINCE DEAD BY HIS LRS,

SMT. LAKSHMAMMA, AGED ABOUT 62 YEARS, W/O LATE CHINNAPPA @ KUMARA BHOVI,

SRI K. C. JAYAKUMAR. AGED ABOUT 36 YEARS, W/O LATE CHINNAPPA @ KUMARA BHOVI,

Digitally signed 3. KUM. K. C. SARASWATHI, by AGED ABOUT 29 YEARS, MADHUSHREE D/O LATE CHINNAPPA H @ KUMARA BHOVI, Location: High Court of Karnataka 4. SRI. K. C. PRASANNA,

SRI. K. C. PRASANNA, AGED ABOUT 26 YEARS, W/O LATE CHINNAPPA @ KUMARA BHOVI,

ALL ARE RESIDING AT NO.9/8, BYRASANDRA, I BLOCK, EAST JAYANAGAR, BANGALORE - 560 011. …APPELLANTS (BY SRI. NARASIMHA MURTHY K, ADVOCATE – ABSENT)

2 - NC: 2025:KHC:35728 MFA No. 4476 of 2014

HC-KAR

AND:

UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, NO.140, LAKSHMI COMPLEX, K. R. ROAD, OPP. VANIVILAS HOSPITAL, BANGALORE - 560 002, (INSURER OF BMTC BUS BEARING REGISTRATION NO.KA-01-F-1366)

THE MANAGING DIRECTOR, B.M.T.C., K.H.ROAD, SHANTHINAGAR, BENGALURU - 560 027, (R.C.OWNER OF BMTC BUS BEARING REGISTRATION NO.KA-01-F-1366)

…RESPONDENTS

(BY SRI. O.MAHESH, ADVOCATE FOR R1; SRI. D.VIJAYAKUMAR, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 25.02.2014 PASSED IN MVC NO.164/2011 ON THE FILE OF THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE, (S.C.C.H.NO:01) AND TO AWARD COMPENSATION BY ALLOWING THIS APPEAL AND CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

3 - NC: 2025:KHC:35728 MFA No. 4476 of 2014

HC-KAR

ORAL JUDGMENT

Learned counsel for the appellants is absent.

Learned counsel for the respondents are present.

This appeal is filed against the judgment and award of the Tribunal in MVC No.164/2011 dated 25.02.2014. The claim petition was dismissed on the ground that there was no nexus between the accident and the death. It is stated that claimant died due to tuberculosis. Against the said order, this appeal is preferred but the appellants' counsel did not turn up even after listing the matter under the caption 'For Dismissal'. This clearly shows that no purpose is served in continuing the appeal. Accordingly, appeal is dismissed for nonprosecution .

Sd/(P SREE SUDHA) JUDGE

MH/-

List No.: 1 Sl No.: 35

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the judgment and award dated 25.02.2014 in MVC No.164/2011, dismissing the claim petition for want of nexus between the accident and the death, ought to be set aside and compensation awarded to the appellants.medium confidence¶24

Statutes considered

1 provisions across 1 enactments

AI extract

Motor Vehicles ActSection 173(1)¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and award dated 25.02.2014 in MVC No.164/2011 dismissing the claim petition on the ground that there was no nexus between the accident and the death.¶24
Principal Motor Accident Claims Tribunal, Bangalore (S.C.C.H.NO:01) · 25.02.2014
Prior proceeding
Claim petition MVC No.164/2011 dismissed by the Tribunal on the ground that there was no nexus between the accident and the death; it was stated the claimant died due to tuberculosis.¶32
Prior proceeding
Miscellaneous First Appeal filed under Section 173(1) of MV Act seeking to set aside the Tribunal's judgment and award dated 25.02.2014 and to award compensation.¶24

Parties & counsel

AI extract

appellant
CHINNAPPA @ KUMARA BHOVI (since dead, represented by his LRs)¶10
Narasimha Murthy K
appellant
SMT. LAKSHMAMMA¶12
Narasimha Murthy K
appellant
SRI K. C. JAYAKUMAR¶13
Narasimha Murthy K
appellant
KUM. K. C. SARASWATHI¶14
Narasimha Murthy K
appellant
SRI. K. C. PRASANNA¶15
Narasimha Murthy K
respondent
UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, BANGALORE¶20
O. Mahesh
respondent
THE MANAGING DIRECTOR, B.M.T.C.¶21
D. Vijayakumar

Coram

AI extract

P Sree Sudhaauthor¶26

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 10 Sept 2025 · September
Registered: 2 Jul 2014
Case no.: MFA/4476/2014
CNR: KAHC010269682014
Topic: Motor Accident Claims
Bench: P Sree Sudha
Disposal: Dismissed for Non-Prosecution
Case type: MISCELLANEOUS FIRST APPEAL (MV)

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Cite this judgement

Chinnappa v. United India Insurance Co. Ltd., MFA/4476/2014 (KA), decided on 10 September 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Motor Vehicles ActSection 173(1)

View all statutes

Procedural history3

Judgment and award dated 25.02.2014 in MVC No.164/2011 dismissing the claim petition on the ground that there was no nexus between the accident and the death.Principal Motor Accident Claims Tribunal, Bangalore (S.C.C.H.NO:01) · 25.02.2014
Claim petition MVC No.164/2011 dismissed by the Tribunal on the ground that there was no nexus between the accident and the death; it was stated the claimant died due to tuberculosis.
Miscellaneous First Appeal filed under Section 173(1) of MV Act seeking to set aside the Tribunal's judgment and award dated 25.02.2014 and to award compensation.

View full history

Bench / Coram

P Sree Sudha

Parties & counsel