Dismissed¶42

Uday R Devadiga v. Smt Kamala

Karnataka HC12 Feb 2026MFA/5253/2022

Case brief

AI extract

What is this about?

Appeal dismissed for failure to comply with pre-deposit condition; order dated 07.09.2022 required deposit of 50% of award amount with interest to maintain appeal; compliance never made; Section 173(1) Motor Vehicles Act; challenges judgment and award dated 12.11.2021 in MVC No.626/2020 of Senior Civil Judge & ACJM, Karkala; parties include Bajaj Allianz General Insurance (Udupi Branch); Karnataka High Court, Division Bench, oral judgment per Justice D K Singh, February 2026.

What did the court decide?

Since the order dated 07.09.2022 directing the appellant to deposit 50% of the award amount with interest before the Court to maintain the appeal was never complied with, the appeal is dismissed. ¶42

Uday R Devadiga Vs Smt Kamala — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:8759-DB MFA No. 5253 of 2022

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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 12^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE S RACHAIAH

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MISCELLANEOUS FIRST APPEAL NO. 5253 OF 2022 (MV-D)

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BETWEEN:

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UDAY R DEVADIGA

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AGED ABOUT 49 YEARS, S/O. SRI. RAMA DEVADIGA, R/AT. SRI. DURGA NIVASA,

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PUNAR ABBETTU,

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BELMAN POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT, PIN – 574 104.

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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(BY SRI. RAJU BHAT, ADVOCATE)

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AND:

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…APPELLANT

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SMT. KAMALA AGED ABOUT 35 YEARS, W/O LATE MAILAPPA,

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MASTER PRAVEEN

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AGED ABOUT 12 YEARS,

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2 - NC: 2026:KHC:8759-DB MFA No. 5253 of 2022

HC-KAR

3. MASTER GOUTHAM

AGED ABOUT 10 YEARS,

RESPONDENT NOS.2 AND 3 ARE MINOR CHILDREN OF LATE MAILAPPA REP. BY THEIR MOTHER/ NEXT FRIEND SMT. KAMALA,

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ALL ARE RESIDING AT 3-80/2, PILIKALA HOUSE, NEKKARE, NERIYA VILLAGE, BELTHANGADY TALUK, UDUPI DISTRICT – 574 228.

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THE BRANCH MANAGER

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BAJAJ ALLIANZ GENERAL INS. CO. LTD. UDUPI BRANCH, ROYAL AVENUE BUILDING, OLD POST OFFICE ROAD, DIANA CIRCLE, UDUPI – 576 225.

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…RESPONDENTS

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(BY SRI. DHANANJAY KUMAR, ADVOCATE FOR R1; SRI. B PRADEEP, ADVOCATE FOR R4; R2 & R3 ARE MINORS, REP. BY R1)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.11.2021 PASSED IN MVC NO.626/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, UDUPI AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:8759-DB MFA No. 5253 of 2022

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present appeal has been filed impugning the judgment and award dated 12.11.2021 passed in MVC No.626 of 2020.

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This Court, vide order dated on 07.09.2022, directed the appellant to deposit 50% of the award amount with interest before the Court to maintain the appeal. Till date, the said order has not been complied with. Therefore, we dismiss the appeal.

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Pending application, if any, does not survive for consideration and the same is disposed of.

Sd/(D K SINGH)

JUDGE

Sd/JUDGE

(S RACHAIAH)

Bss List No.: 2 Sl No.: 8