The High Court dismissed two Motor Vehicles Act appeals for non-prosecution after the appellant-owner failed to appear despite multiple listings. The court ordered the deposited amount to be transmitted to the tribunal for disbursement to the claimants.
Amount in deposit ordered to be transmitted to Tribunal for disbursal
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HC-KAR
NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019
CNR: KAHC010256632019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.5765 OF 2019(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.5767 OF 2019(MV-I) IN MFA NO.5765/2019:
BETWEEN:
VISHWARADHYA
S/O LATE SRIKANTHA RADHYA AGED ABOUT 71 YEARS R/O 1ST BLOCK, NEAR CIVIL BUS STAND MADHUGIRI TOWN, MADHUGIRI. (OWNER OF VEHICLE BUS BY NAME VIJAYANANDHI BEARING REG NO.KA-51-A-3944)
…APPELLANT
Digitally signed by ANUSHA V Location: High Court of Karnataka
[BY SRI VINAY S., ADVOCATE AND SRI C.LAKSHMINARAYAN, ADVOCATE (AB)]
AND:
W/O LATE HANUMAIAH AGED ABOUT 32 YEARS R/A RAGHAVENDRA COLONY MADHUGIRI TOWN MADHUGIRI.
HC-KAR
NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019
CNR: KAHC010256632019
RESPONDENTS NO.2 & 3 ARE MINORS AND ARE REPRESENTED BY THEIR NATURAL GUARDIAN 1ST RESPONDENT MOTHER- CHANDRAMMA
RESPONDENT NO.1 TO 4 ARE R/A RAGHAVENDRA COLONY MADHUGIRI TOWN, MADHUGIRI.
(POLICY NO.6723131120100011123 VALID FROM 19.11.2012 TO 18.11.2013)
…RESPONDENTS
(BY SRI VIJAY KUMAR T., ADVOCATE FOR R1 TO R3; SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R5 V/C/O DTD 16.11.2023; R1-R3 ARE LRs OF DECEASED R4]
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED06.06.2019 PASSED IN MVC NO.104/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, MADHUGIRI, AWARDING COMPENSATION OF RS.12,90,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
HC-KAR
NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019
CNR: KAHC010256632019
IN MFA NO.5767/2019:
BETWEEN:
VISHWARADHYA
S/O LATE SRIKANTHA RADHYA AGED ABOUT 71 YEARS R/O 1ST BLOCK, NEAR CIVIL BUS STAND MADHUGIRI TOWN, MADHUGIRI. (OWNER OF VEHICLE BUS BY NAME VIJAYANANDHI BEARING REG NO.KA-51-A-3944)
…APPELLANT
[BY SRI VINAY S., ADVOCATE]
AND:
…RESPONDENTS
[BY SRI SHANTHARAJ K., ADVOCATE FOR R1 SRI E.I.SANMATHI, ADVOCATE FOR R2]
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2019 PASSED IN MVC NO.90/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
HC-KAR
CNR: KAHC010256632019
JUDGE & MACT XIII, MADHUGIRI, AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR DISMISSAL , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Learned counsel for respondents is present.
previous occasion, noting continued absence, matter was listed for dismissal. Continued absence would indicate that appellant
is not diligently pursuing appeal. Appeal is dismissed for nonprosecution.
Sd/(RAVI V HOSMANI) JUDGE
HNM
List No.: 1 Sl No.: 20
1 provisions across 1 enactments
Vishwaradhya
Chandramma
Kiran Kumar
M H Lakshmi
Lakshmamma
The Manager, The New India Assurance Co. Ltd.
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
