Dismissed¶¶39

Bhagya K v. Vs S Jayapal

Karnataka HC17 Jun 2026MFA/4144/2021

Case brief

AI extract

What is this about?

Keywords: dismissal for non-prosecution; appellant absent; advocate absent; Section 173(1) MV Act; enhancement of motor accident compensation; MVC No.2086/2015; MACT XVIII Additional Judge, Court of Small Causes, Bengaluru City (SCCH-4); United India Insurance Co. Ltd.; High Court of Karnataka (DB); 2026; oral judgment per Jayant Banerji J.; Tara Vitasta Ganju J. Procedural disposition only — the appeal was dismissed because nobody appeared for the appellant on successive listings (08.06.2026, 16.06.2026, 17.06.2026); no ruling on quantum, liability or enhancement. Of value mainly as an instance of dismissal for want of prosecution, not as authority on compensation.

What did the court decide?

Since no one appeared for the appellant when the appeal was called on, the Miscellaneous First Appeal is dismissed for non-prosecution. ¶¶39

Bhagya K v Vs S Jayapal — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:29563-DB MFA No. 4144 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JUNE, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 4144 OF 2021

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(MV-I)

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BETWEEN:

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Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA

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BHAGYA K. V. D/O LATE VASU, W/O MAHADEVA, AGED ABOUT 39 YEARS, R/AT CROSS NO.39, SANJEEVININAGAR 8^TH CROSS, BANGALORE NORTH, BANGALORE – 560 072. PRESENTLY AT NO.209, MANGANAHALLI CROSS, ULLALA MAIN ROAD BANGALORE – 560 056 …APPELLANT

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(BY SRI. G.V. MANJUNATHA., ADVOCATE – ABSENT)

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AND:

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S. JAYAPAL S/O K. SRINIVASAN, MAJOR, OWNER, R/AT NO.36/1, E-STREET, 1^ST MAGADI MAIN ROAD, BANGALORE – 560 023.

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2 - NC: 2026:KHC:29563-DB MFA No. 4144 of 2021

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HC-KAR

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SHIVANANDA C S/O CHIKKANNA, MAJOR, DRIVER, R/AT NO.15, 1^ST CROSS, ASHWATHANAGAR, MAGADI ROAD, BANGALORE – 560 053.

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UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE NO.109, SSI AREA, V BLOCK RAJAJINAGAR, BANGALORE PIN – 560 010.

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…RESPONDENTS

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2020 PASSED IN MVC NO.2086/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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When the matter was listed on 08.06.2026, the

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following order was passed: