IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.6383/2017 (MV) BETWEEN :
1. Smt. Asha, W/o Late Lokesh, Aged 34 years, 2. Manoj, S/o Late Lokesh, Aged 16 years, 3. Smt. Gowramma, W/o. Late Dasappa, Aged 58 years, Appellant No.2 is the Minor Represented by his Mother Appellant No.1for herself and guardian mother All are residing at Behind Annayyappa Complex, Hirisave Village and Hobli, Channarayapatna Taluk, Hassan District. ... Appellants (By Sri.Raju S, Advocate) AND :
1. G.Karthik S/o Gunashekaran, Major, Residing at No.7,RCC 206-261, S.G. Mutt Road, Chamarajpet, Bengaluru- 560 018.
2. The New India Insurance Company Limited, Having its Head Office at 2nd Floor, Rama Complex, No.29, Paramathi Road, Namakal and District, Tamil Nadu State-637 001.
Branch Office:
The New India Insurance Company Limited, P.B.No.96, Chandana Complex, Harsha Mahal Road, Hassan-573 201 Represented by its Branch Manager. …Respondents This M.F.A. is filed under Section 173(1) of M.V. Act against the Judgment and Award dated 02.01.2013 MVC No.65/2011 file of the Senior Civil Judge, MACT, Channarayapatna, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A. coming on for Orders, this day, the court delivered the following:
J U D G M E N T The appellants have filed IA.No.1/2017 to condone the delay of 1540 days in filing the appeal.
2. I have seen the reasons given by the appellants in the affidavit. The reasons are artificial in nature. The delay is not properly and convincingly explained. Hence, I am inclined to reject IA.No.1/2017 for condonation of delay. Accordingly, IA.No.1/2017 is dismissed. Consequently, the appeal also stands dismissed.
Sd/- JUDGE Ag