Mr Ashraf v. Mr H v Purushotham

Karnataka HC14 Jul 2026MFA/2633/2016

Case brief

AI extract

What is this about?

Karnataka HC, MFA No. 2633 of 2016 (MV-I), decided 14-07-2026 by Hon'ble Mrs. Justice P Sree Sudha. Appeal under S.173(1) MV Act by injured claimant Mr. Ashraf for enhancement of compensation awarded in MVC No.751/2012 (Principal District Judge, MACT, award dated 03.03.2016, partly allowed). Respondents: H.V. Purushotham and The Manager, M/S. I.C.I.C.I LOBOARD Insurance Co. Ltd. (advocates A.P. Pulakeshi and A.N. Krishna Swamy). Appellant failed to appear despite notice served via his brother; appeal dismissed for non-prosecution. No precedents cited, no amounts stated.

What did the court decide?

Despite service of notice, the appellant neither appeared nor pursued the litigation with due diligence, so no purpose was served in continuing the appeal. ¶30

Mr Ashraf Vs Mr H v Purushotham — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:36262 MFA No. 2633 of 2016

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HC-KAR

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CNR: KAHC010535012016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2633 OF 2016 (MV-I)

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BETWEEN:

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MR. ASHRAF S/O PALLIYABBA, AGED ABOUT 33 YEARS, R/AT BORU GUDDE HOUSE, KANNUR VILLAGE AND POST, MANGALURU TALUK, D.K. - 575 004.

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…APPELLANT

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(BY MR. ASHRAF - APPELLANT)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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MR. H.V. PURUSHOTHAM S/O H.R. VENAKTESH, AGED ABOUT 38 YEARS, R/AT D.NO.16-29-6, BANDAARA MANE, MUKKA, SURATHKAL, MAGNALURU TALUK, D.K.- 575 004.

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THE MANAGER

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M/S. I.C.I.C.I LOBOARD INSURANCE CO.LTD., I.C.I.C.I. LABOARD HOUSE, 414, VEERA SURVER ROAD, SIDDI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI - 400 025.

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…RESPONDENTS

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(BY SRI. A.P. PULAKESHI, ADVOCATE FOR R1; SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2)

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HC-KAR

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NC: 2026:KHC:36262 MFA No. 2633 of 2016

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CNR: KAHC010535012016

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2016 PASSED IN MVC NO.751/2012 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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The Court notice issued to the appellant was received by his brother and he in turn, informed the same to the appellant herein on phone. But the appellant has not turned up.

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This appeal is filed by the injured/claimant for enhancement of the compensation. Even after service of notice, the appellant has not turned up and not pursued the litigation with due diligence, as such no purpose is served in continuing the same.

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HC-KAR

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NC: 2026:KHC:36262 MFA No. 2633 of 2016

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CNR: KAHC010535012016

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