Dismissed

Mr. Vishwaradhya v. Mr. Nandeesh

Karnataka HC17 Sept 2026MFA/5767/2019

Case brief

AI extract

What is this about?

The appellant, owner of a bus involved in a motor accident, filed appeals under Section 173(1) of the Motor Vehicles Act challenging Motor Accident Claims Tribunal awards. The appellant failed to appear for the hearing despite prior notice, leading the High Court to dismiss the appeals for non-prosecution and order the deposited amount to be transmitted to the Tribunal for disbursal.

What did the court decide?

Appeals dismissed for non-prosecution; deposited amount ordered to be transmitted to the Tribunal for disbursal.

Mr. Vishwaradhya Vs Mr. Nandeesh — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019

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CNR: KAHC010256632019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2026 BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.5765 OF 2019(MV-D)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.5767 OF 2019(MV-I) IN MFA NO.5765/2019:

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BETWEEN:

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VISHWARADHYA

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S/O LATE SRIKANTHA RADHYA AGED ABOUT 71 YEARS R/O 1^ST BLOCK, NEAR CIVIL BUS STAND MADHUGIRI TOWN, MADHUGIRI. (OWNER OF VEHICLE BUS BY NAME VIJAYANANDHI BEARING REG NO.KA-51-A-3944)

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…APPELLANT

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Digitally signed by ANUSHA V Location: High Court of Karnataka

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[BY SRI VINAY S., ADVOCATE AND SRI C.LAKSHMINARAYAN, ADVOCATE (AB)]

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AND:

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CHANDRAMMA

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W/O LATE HANUMAIAH AGED ABOUT 32 YEARS R/A RAGHAVENDRA COLONY MADHUGIRI TOWN MADHUGIRI.

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KIRAN KUMAR

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S/O LATE HANUMAIAH AGED ABOUT 12 YEARS

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HC-KAR

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NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019

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CNR: KAHC010256632019

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M H LAKSHMI D/O LATE HANUMAIAH AGED ABOUT 9 YEARS

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RESPONDENTS NO.2 & 3 ARE MINORS AND ARE REPRESENTED BY THEIR NATURAL GUARDIAN 1^ST RESPONDENT MOTHER- CHANDRAMMA

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LAKSHMAMMA W/O LATE NARASIMHAIAH AGED ABOUT 71 YEARS

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RESPONDENT NO.1 TO 4 ARE R/A RAGHAVENDRA COLONY MADHUGIRI TOWN, MADHUGIRI.

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THE MANAGER THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE 1^ST FLOOR, TUMAKURU SHOPPING COMLEX B H ROAD, TUMAKURU TOWN.

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(POLICY NO.6723131120100011123 VALID FROM 19.11.2012 TO 18.11.2013)

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…RESPONDENTS

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(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]

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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.

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HC-KAR

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NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019

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CNR: KAHC010256632019

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IN MFA NO.5767/2019:

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BETWEEN:

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VISHWARADHYA

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S/O LATE SRIKANTHA RADHYA AGED ABOUT 71 YEARS R/O 1^ST BLOCK, NEAR CIVIL BUS STAND MADHUGIRI TOWN, MADHUGIRI. (OWNER OF VEHICLE BUS BY NAME VIJAYANANDHI BEARING REG NO.KA-51-A-3944)

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…APPELLANT

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[BY SRI VINAY S., ADVOCATE]

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AND:

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MR.NANDEESH S/O LINGAPPA, AGED ABOUT 38 YEARS, R/O SEEGEPALYA, KOLALA HOBLI, KORATAGERE TALUK.

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THE MANAGER THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE, 1^ST FLOOR, B.H.ROAD, TUMAKURU SHOPPING COMLEX, TUMAKURU TOWN.

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…RESPONDENTS

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[BY SRI SHANTHARAJ K., ADVOCATE FOR R1 SRI E.I.SANMATHI, ADVOCATE FOR R2]

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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

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4 - NC: 2026:KHC:50777 MFA No. 5765 of 2019 C/W MFA No. 5767 of 2019

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HC-KAR

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CNR: KAHC010256632019

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JUDGE & MACT XIII, MADHUGIRI, AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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Learned counsel for respondents is present.

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None appears for appellant-owner. Even on

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previous occasion, noting continued absence, matter was listed for dismissal. Continued absence would indicate that appellant

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is not diligently pursuing appeal. Appeal is dismissed for nonprosecution.

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Amount in deposit is ordered to be transmitted to Tribunal for disbursal.

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Sd/(RAVI V HOSMANI) JUDGE

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HNM

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List No.: 1 Sl No.: 20

Mr. Vishwaradhya v. Mr. Nandeesh

Case brief

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Mr. Vishwaradhya v. Mr. Nandeesh

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