Dismissed¶53

Roshan D Souza v. v H Basheer

Karnataka HC5 Jun 2026MFA/4812/2017

Case brief

AI extract

What is this about?

Dismissal for non-compliance of connected motor-accident appeals: MFA No. 4812/2017 (claimant's enhancement appeal under S.173(1) MV Act) and MFA No. 1612/2017 (insurer Royal Sundaram Alliance Insurance Company Ltd.), both against award dated 07.12.2016 in M.V.C.No.585/2014, V Addl. District & Sessions Judge / Addl. MACT, Puttur, D.K. (Rs.37,15,000/- with 7% p.a. interest). One week granted to serve appeal memo and cure office objections; not complied with; appeals stood dismissed. Keywords: Section 173(1) MV Act; enhancement of compensation; office objections; dismissal for default; listing 22.06.2026; CNR KAHC010338012017; NC: 2026:KHC:38993-DB.

What did the court decide?

Counsel for the appellant was permitted one week's time, and no more, to serve a copy of the appeal memo on respondents' counsel and to comply with other office objections.

Roshan D Souza Vs v H Basheer — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the appellants would serve a copy of the appeal memo on respondents' counsel and comply with office objections within the permitted one week, failing which the appeals would stand dismissed without further reference to the Court.

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Court's answer

Counsel for the appellant was permitted one week's time, and no more, to serve a copy of the appeal memo on respondents' counsel and to comply with other office objections.

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Ratio / Principle

Failure to comply within the permitted time would result in the appeal standing dismissed without further reference to the Court.

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Key takeaways

Upon compliance, the matters were directed to be listed on 22.06.2026.obiter¶52
The court order dated 05.06.2026 was not complied with; consequently both appeals stand dismissed.ratio¶53

Detailed headnote1 paragraphs

ORAL ORDER — High Court of Karnataka, Bengaluru (Division Bench: Jayant Banerji and Tara Vitasta Ganju, JJ.), dated 05.06.2026, in connected Miscellaneous First Appeals (MV-I): MFA No. 4812/2017 (claimant Roshan D'Souza seeking enhancement of compensation under Section 173(1) MV Act) and MFA No. 1612/2017 (Royal Sundaram Alliance Insurance Company Ltd.), both against the judgment and award dated 07.12.2016 in M.V.C.No.585/2014 (V Additional District and Sessions Judge and Member, Additional MACT, D.K., Mangaluru, sitting at Puttur) awarding Rs.37,15,000/- with interest at 7% per annum from the date of petition till deposit. Counsel for the appellant was permitted a week's time and no more to serve the appeal memo on respondents' counsel and clear office objections, failing which the appeals would stand dismissed without further reference; on compliance the matters were to be listed on 22.06.2026. NOTE records that the order dated 05.06.2026 was not complied with; hence both appeals stand dismissed. Purely procedural disposal for non-compliance — no substantive issue of law or fact adjudicated; confer no precedential value on the merits.

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HC-KAR

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NC: 2026:KHC:38993-DB MFA No. 4812 of 2017 C/W MFA No. 1612 of 2017

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CNR: KAHC010338012017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^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. 4812 OF 2017 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 1612 OF 2017 (MV-I)

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IN MFA No. 4812/2017

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BETWEEN:

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Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA

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ROSHAN D’ SOUZA NOW AGED 27 YEARS, S/O.JOHN D’ SOUZA, R/O MUDUBAILU HOUSE, KOKKADA POST & VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT.

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(BY SRI. SANDESH SHETTY T., ADVOCATE)

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…APPELLANT

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AND:

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1 V H BASHEER

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NOW AGED ABOUT 50 YEARS, SON OF HUSAINABBA, R/O ANINE COTTAGE, KUTTI COMPOUND, KALPANA ROAD, VASLANE, BALMATTA MANGALORE DAKSHINA KANNADA DISTRICT.

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HC-KAR

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NC: 2026:KHC:38993-DB MFA No. 4812 of 2017 C/W MFA No. 1612 of 2017

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CNR: KAHC010338012017

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ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. 3^RD FLOOR, EMKAY’S SHALIMAR COMPLEX, KANKANADY, MANGALORE DAKSHINA KANNADA DISTRICT.

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…RESPONDENTS

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(BY SRI.O.MAHESH., ADVOCATE FOR R2)

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This Miscellaneous First Appeal filed Under Section 173(1) of MV Act against the Judgment and Award dated:07.12.2016 passed in M.V.C.No.585/2014 on the file of V Additional District and Sessions Judge and Member, Additional MACT, D.K., Mangaluru, sitting at Puttur, D.K., partly allowing the claim petition for compensation and seeking enhancement of compensation.

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IN MFA NO. 1612/2017

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BETWEEN:

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ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD 3^RD FLOOR, EMKAY’S, SHALIMAR COMPLEX, KANKANADY, MANGALORE.

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ROYAL SUNDARAM ALLIANCE COMPANY LTD., SUBRAMANIAM BUILDING, II FLOOR, NO.1, CLUB HOUSE ROAD, ANNASALAI, CHENNAI BY ITS MANAGER.

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...APPELLANT

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(BY SRI. O MAHESH., ADVOCATE)

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3 - NC: 2026:KHC:38993-DB MFA No. 4812 of 2017 C/W MFA No. 1612 of 2017

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HC-KAR

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CNR: KAHC010338012017

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AND:

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ROSHAN D SOUZA AGED ABOUT 27 YEARS, S/O JOHN D SOUZA, R/O MUDUBAILU HOUSE, KOKKADA POST & VILLAGE, PUTTUR TALUK, D.K DISTRICT

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V H BASHEER AGED ABOUT 50 YEARS, S/O HUSAINABBA, R/O ANINE COTTAGE, KUTTI COMPOUND, KALPANA ROAD, VASLANE, BALMATTA, MANGALORE, D.K DISTRICT.

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...RESPONDENTS

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(BY SRI. SANDESH SHETTY T., ADVOCATE FOR R1)

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This Miscellaneous First Appeal filed Under Section 173(1) of MV Act against the Judgment and Award dated:07.12.2016 passed in M.V.C.No.585/2014 on the file of V Additional District and Sessions Judge and Member, Additional MACT, D.K., Mangaluru, sitting at Puttur, D.K., awarding compensation of Rs.37,15,000/- with interest at the rate of 7% per annum from the date of petition till deposit.

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These Appeals are coming on for Orders this day, the court made the following:

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4 - NC: 2026:KHC:38993-DB MFA No. 4812 of 2017 C/W MFA No. 1612 of 2017

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HC-KAR

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CNR: KAHC010338012017

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ORAL ORDER

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Learned counsel for the appellant prays for and is permitted a week’s time and no more to serve a copy of the appeal memo on the learned counsel for the respondents and also to comply with other office objections, failing which, the appeal shall stand dismissed without further reference to the Court.

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If needful is done, list these matters on 22.06.2026.

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NOTE: Court Order dt.05.06.2026 not complied with. Hence Appeals stands dismissed.

COPY

T By: BR

R By: YL

C By: NR