Mansoor Ahmed Vs Smt Shanthamma — Motor Accident Claims | Karnataka HC (2026)

Mansoor Ahmed Vs Smt Shanthamma — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No substantive relief granted; appeal dismissed for non-prosecution. Consequential directions: counsel Sri. Vijay Shetty B. permitted to retire for the appellant; Registry directed to delete name of Sri. A.N. Krishna Swamy for respondent No.3 upon D. Vijaya Kumar filing vakalath.

Issue for consideration

Whether the appeal could proceed where the appellant was absent and had made no alternate arrangement for representation after his counsel was permitted to retire.

Court's answer

Learned counsel Sri. Vijay Shetty B. was permitted to retire from the case on behalf of the appellant.

Ratio / Principle

As the appellant made no alternate arrangement to represent himself, the appeal stood dismissed for non-prosecution.

Key takeaways

Since Sri. D. Vijaya Kumar filed vakalath for respondent No.3, the Registry was directed to delete the name of Sri. A.N. Krishna Swamy, learned counsel for respondent No.3.ratio¶40

Detailed headnote1 paragraphs

MFA No.2656 of 2023 (MV-D), High Court of Karnataka at Bengaluru (Division Bench: Hon'ble S.G. Pandit and Hon'ble K.V. Aravind, JJ.), oral judgment dated 06.01.2026 delivered per S.G. Pandit J. Appeal under S.173(1) of MV Act against judgment and award dated 03.01.2023 of the I Additional Senior Civil Judge and JMFC (holding concurrent charge of II Additional Senior Civil Judge and Additional MACT-V), Chitradurga, in MVC No.393/2019, awarding compensation of Rs.16,22,000/- with interest at 6% p.a. On the day of orders, learned counsel Sri. Vijay Shetty B. filed a memo seeking leave to retire from the case on behalf of the appellant (retirement notice dated 25.11.2025 enclosed; speed post cover returned, addressee having refused receipt). Leave to retire was granted; the appellant, who was absent, made no alternate arrangement to represent himself. Accordingly, the appeal stood dismissed for non-prosecution. The Registry was further directed to delete the name of Sri. A.N. Krishna Swamy, learned counsel for respondent No.3, Sri. D. Vijaya Kumar having filed vakalath for respondent No.3. No merits of the motor-accident compensation claim were adjudicated.

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NC: 2026:KHC:418-DB MFA No. 2656 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

MISCELLANEOUS FIRST APPEAL No.2656 OF 2023(MV-D)

BETWEEN:

MANSOOR AHMED, S/O NISSAR AHMED, AGED ABOUT 51 YEARS, R/AT No.28, HORAPETE CIRCLE, RAJMAL SCHOOL, CHITRADURGA 577501.

…APPELLANT

Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA

(BY SRI MANSOOR AHMED, APPELLANT (ABSENT))

AND:

SMT. SHANTHAMMA, W/O MARANNA, AGED ABOUT 44 YEARS, HOUSEWIFE,

SRI MARANNA, S/O MUTTAIAH, AGED ABOUT 49 YEARS,

BOTH ARE RESIDENTS OF MYSARAHATTI MAJURE, RAYAPURA VILLAGE,

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NC: 2026:KHC:418-DB MFA No. 2656 of 2023

HC-KAR

MOLAKALMURU TALUK, NOW R/O PELURAHATTI, CHITRADURGA TALUK AND DISTRICT, PIN 577501.

THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., UNIT 108, 109, 110 AND 111 1^ST FLOOR, H. M. GENEVA HOUSE, CUNNINGHAM ROAD, No.14, BENGALURU 560058.

…RESPONDENTS

(BY SRI R. SHASHIDHARA, ADVOCATE FOR R1; SRI D. VIJAYAKUMAR, ADVOCATE FOR R3)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.01.2023 PASSED IN MVC No.393/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HOLDING CONCURRENT CHARGE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS.16,22,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.

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

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NC: 2026:KHC:418-DB MFA No. 2656 of 2023

HC-KAR

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

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

Learned counsel for the appellant has filed a memo

seeking leave to retire from the case on behalf of the appellant. Along with the memo, retirement notice dated 25.11.2025 and the returned speed post cover are enclosed. The postal shara indicates that the addressee refused to receive the speed post cover.

Taking note of the above, we permit learned counsel Sri. Vijay Shetty B., to retire from the above case on behalf of the appellant.

The appellant has not made any alternate arrangement to represent him.

In the above circumstances, the appeal stands dismissed for non-prosecution .

Since Sri. D. Vijaya Kumar, learned counsel has filed vakalath for respondent No.3, the Registry is directed to

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NC: 2026:KHC:418-DB MFA No. 2656 of 2023

HC-KAR

delete the name of Sri. A.N. Krishna Swamy, learned counsel

for respondent No.3.

Sd/(S.G.PANDIT) JUDGE

Sd/-

(K. V. ARAVIND) JUDGE

DDU

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