Savitha Vs Mr. Bangarappa G Achari — Motor Accident Claims | Karnataka HC (2026)

Savitha Vs Mr. Bangarappa G Achari — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Claimant's appeal (MFA No.497/2018) seeking enhancement of the compensation awarded in MVC No.897/2014. +1 more

Ratio / Principle

The appellant in MFA No.497 of 2018 was granted two weeks' time to file duly attested translated copies of the documents/depositions on record supported by an affidavit, as required under Order XIII Rule 12 CPC (Karnataka Amendment).

Key takeaways

Default consequence directed by the Court: if the translated copies were not filed within the time granted, the appeals would stand dismissed without reference to the Court.ratio¶63
If the translations were filed, the matters were to be listed on 29.06.2026.ratio¶64
The Court's order dated 10.06.2026 was not complied with; consequently both appeals stand dismissed.ratio

Detailed headnote1 paragraphs

Paired motor-accident appeals before the High Court of Karnataka (Division Bench: Jayant Banerji and Tara Vitasta Ganju, JJ.), decided by oral order dated 10.06.2026. Savitha, appellant in MFA No.497/2018 (MV-I) filed under Section 173(1) MV Act, sought enhancement of compensation awarded by the Additional District Judge and Additional MACT, Udupi (sitting at Kundapura) in MVC No.897/2014 by judgment and award dated 17.06.2017 - Rs.2,49,570/- with interest at 6% p.a. on Rs.1,99,570/- (future treatment of Rs.50,000/- excluded from interest). The United India Insurance Co. Ltd. (respondent No.3 in that appeal) had cross-appealed in MFA No.7856/2017 (MV-I) against the same award. After hearing counsel for some time, the Court found translated copies of the documents/depositions necessary and granted the claimant-appellant two weeks to file duly attested translated copies supported by an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment), directing that failing compliance the appeals would stand dismissed without reference to the Court, and, if filed, the matters would be listed on 29.06.2026. The Court subsequently recorded that its order dated 10.06.2026 was not complied with, and both appeals stand dismissed. No issue on merits was adjudicated and no precedent was cited or considered.

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NC: 2026:KHC:38878-DB MFA No. 497 of 2018 C/W MFA No. 7856 of 2017

HC-KAR

CNR: KAHC010090682018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

MISCELLANEOUS FIRST APPEAL NO. 497 OF 2018 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 7856 OF 2017 (MV-I)

IN MFA No. 497/2018

BETWEEN:

SAVITHA

AGED ABOUT 31 YEARS, D/O BABU ACHARYA R/O VISHWAKARMA

MADAGA, NERALAKATTE VILLAGE,

Digitally signed KUNDAPURA TALUK by MAMATHA K Location: HIGH COURT OF KARNATAKA (BY SRI.SANDESH SHETTY T., ADVOCATE)

…APPELLANT

AND:

MR. BANGARAPPA G ACHARI

AGED ABOUT 34 YEARS, S/O GANAPATHI ACHARI R/O FOREST QUARTERS AMPAR VILLAGE, KUNDAPURA TALUK.

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HC-KAR

NC: 2026:KHC:38878-DB MFA No. 497 of 2018 C/W MFA No. 7856 of 2017

CNR: KAHC010090682018

MR.VISHWANATHA NAIK AGED ABOUT 30 YEARS S/O ANNAPPA NAIK R/O KUNDLABAILU HALLIHOLE VILLAGE KUNDAPURA TALUK

THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE: KUNDAPURA OPP: KSRTC DEPOT 2ND FLOOR, LAKSHMINARASIMHA COMPLEX, VADERHOBLI, KUNDAPURA

…RESPONDENTS

(BY SRI.RAVISH BENNI, ADVOCATE FOR R3; R1 AND R2 ARE SERVED BUT UNREPRESENTED)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2017 PASSED IN MVC NO.897/2014 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA) KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO. 7856/2017

BETWEEN:

THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KUNDAPURA, OPP: KSRTC DEPOT, II FLOOR, LAKSHMINARASIMHA COMPLEX,

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HC-KAR

NC: 2026:KHC:38878-DB MFA No. 497 of 2018 C/W MFA No. 7856 of 2017

CNR: KAHC010090682018

VADERHOBLI, KUNDAPURA. REPRESENTED BY DIVISIONAL MANAGER D.O, UDUPI, P.B. N O.78, JEWEL PLAZA, MARUTHI VEETHIKA, UDUPI DIST

...APPELLANT

(BY SRI. RAVISH BENNI, ADVOCATE)

AND:

SAVITHA AGED ABOUT 29 YEARS, D/O BABU ACHARYA R/O VISHWA KARMA, MADAGA, NERALAKATTE VILLAGE, KUNDAPURA TALUK, DIST: UDUPI,

BANGARAPPA G. ACHARI AGED ABOUT 33 YEARS, S/O GANAPATHI ACHARI R/O FOREST QUARTERS, AMPAR VILLAGE, KUNDAPURA TALUK, DIST: UDUPI,

VISHWANATH NAIK AGED ABOUT 29 YEARS, S/O ANNAPPA NAIK, R/O KUNDLABAILU, HALLIHOLE VILLAGE, KUNDAPURA TALUK, DIST: UDUPI,

...RESPONDENTS

(R1 TO R3 ARE SERVED BUT UNREPRESENTED)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2017 PASSED IN

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HC-KAR

NC: 2026:KHC:38878-DB MFA No. 497 of 2018 C/W MFA No. 7856 of 2017

CNR: KAHC010090682018

MVC NO.897/2014 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT UDUPI (SITTING AT KUNDAPURA) KUNDAPURA, AWARDING COMPENSATION OF RS.2,49,570/- WITH INTEREST AT THE RATE OF 6% P.A. ON RS.1,99,570/- (EXCLUDING INTEREST ON FUTURE TREATMENT OF RS.50,000/-) FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORAL ORDER

Heard Sri T Sandesh Shetty, learned counsel appearing for the appellant in MFA No.497 of 2018 and Sri Ravish Benni, learned counsel appearing for the respondent – Insurance Company.

After the matter was heard for sometime, it appears that translated copies of the documents/depositions on record are required.

Learned counsel for the appellant prays for and is granted two weeks time to file duly attested translated copies of the documents/depositions on record supported by an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment)

5 - NC: 2026:KHC:38878-DB MFA No. 497 of 2018 C/W MFA No. 7856 of 2017

HC-KAR

CNR: KAHC010090682018

failing which the appeal shall stand dismissed without reference to the Court.

If the translations are filed, list this matter on 29.06.2026.

Sd/-

JUDGE

Sd/-

JUDGE

NOTE: Court Order dt.10.06.2026 not complied with. Hence Appeals stands dismissed.

COPY Sd/I/C ASSISTANT REGISTRAR T By : MK R By : YL C By : NR