Dismissed¶34

The Manager v. Smt. Bharathi R

Karnataka HC23 Apr 2026MFA/290/2021

Case brief

AI extract

What is this about?

Insurer's MFA under S.173(1) MV Act challenging Chikkamagaluru MACT award (Rs.7,25,000 with 9% p.a. interest, MVC No.63/2019, dated 19.02.2020) dismissed for non-prosecution; appellant absent, no counsel engaged, and no acknowledgement of 50% award deposit filed before Tribunal. Oral judgment of Dr. Justice K. Manmadha Rao dated 23 April 2026.

What did the court decide?

No one appeared for the appellant/Insurance Company when the appeal came on for orders. ¶27

The Manager Vs Smt. Bharathi R — Motor Accident Claims | Karnataka HC (2026)

¶1

NC: 2026:KHC:22169 MFA No. 290 of 2021

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 23^RD DAY OF APRIL, 2026

¶6

BEFORE

¶7

THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.290 OF 2021 (MV-D)

¶8

BETWEEN:

¶9

THE MANAGER NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, PANDURANGA COMPLEX, NEAR ANDE CHATRA, CHIKKAMGALUR - 577 101.

¶10

NOW REPRESENTED BY ITS MANAGER NEW INDIA ASSURANCE COMPANY LTD, MAHALAKSHMI CHAMBERS, NO.09, 2^ND FLOOR M.G. ROAD, BANGALORE- 560 001.

¶11

…APPELLANT

¶12

(APPELLANT-ABSENT)

¶13

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

¶14

AND:

¶15

SMT. BHARATHI R W/O RAMESH V NOW AGED ABOUT 40 YEARS R/O OPP. KARALAMMA TEMPLE HARIYAPPA STREET PRESENTLY R/AT 5^TH CROSS SHANKARAPURA CHIKKAMGALURU.

¶16

ARUN KUMAR S/O DEVARAJA SHETTY AGED ABOUT 45 YEARS, GARRAGE MECHANIC,

¶17

¶18

NC: 2026:KHC:22169 MFA No. 290 of 2021

¶19

HC-KAR

¶20

R/O SRI SHIVAJYOTHI NAGAR ROAD, BASAVANAHALLI EXTENSION, CHIKKAMAGALURU CITY.

¶21

…RESPONDENTS

¶22

(BY SRI.A.S.NAVEEN, ADVOCATE FOR R1)

¶23

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 19.02.2020, PASSED IN MVC NO.63/2019, ON THE FILE OF THE MACT AND 1ST ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.7,25,000/WITH INTEREST AT THE RATE OF 9 PERCENT P.A., FROM THE DATE OF PETITION, TILL ITS ENTIRE REALIZATION.

¶24

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

¶25

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

¶26

ORAL JUDGMENT

¶27

None appears for the appellant/Insurance Company.

¶28

It appears that, till date, the

¶29

appellant/Insurance Company has not taken any steps to engage any counsel to represent its case and even not filed any acknowledgement for having deposited the 50% of the award amount before the Tribunal.

¶30

NC: 2026:KHC:22169 MFA No. 290 of 2021

¶31

¶32

HC-KAR

¶33