IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. NO.5669 OF 2015 (MVC) BETWEEN UNITED INDIA INSURANCE CO. LTD., MYSORE BRANCH THROUGH ITS REGIONAL OFFICE NO.18, 5TH & 6TH FLOORS KRUSHIBHAVAN BANGALORE – 560 001 REP. BY ITS MANAGER … APPELLANT (BY SRI JANARDHAN REDDY, ADV.) AND:
1. SMT.LEELAVATHI W/O SRI PATEL P.VEEREGOWDA AGED ABOUT 51 YEARS R/AT NO. HITTANAHALLI KOPPALU, KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT – 571 102 2. SRI T.PRAKASH S/O SRI K.THIMMAIAH MAJOR IN AGE R/AT 182, SARABANDE PALYA SUBRAMANYAPURAM POST BANGALORE – 560 062 3. SRI DHAKSHAYANI MAJOR IN AGE S/O SRI LATE RUDRASWAMY 4. SRI R.MAJOGOWDA AGED ABOUT 23 YEARS S/O SRI LATE RUDRASWAMY 5. SRI R.HARSHITHA GOWDA AGED ABOUT 20 YEARS S/O SRI LATE RUDRASWAMY ALL ARE R/AT GANGAMATHA STREET KOTE, MALAVALLI TOWN MANDYA DISTRICT – 571 102 AND ALSO R/AT CARE OF K.C.JAVERGOWDA KODAHALLI VILLAGE BANNUR HOBLI, T.N.PURA TALUK MYSORE DISTRICT – 570 101 … RESPONDENTS (BY SRI D.S.HOSMATH, ADV. FOR R1; SRI K.K.VASANTH, ADV. FOR R3 – R5; NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.09.2011 PASSED IN MVC NO.146/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, AWARDING COMPENSATION OF RS.4,52,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT IN TRIBUNAL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The claim petition was filed at Mandya, the Tribunal issued notice to the respondents and the respondents entered appearance and denied the issuance of policy in favor of the owner of Tractor and Trailor. Subsequently the case was transferred to Malavalli and this was not come to the knowledge of the respondents, hence not appeared and contested the matter. The tribunal also did not issue fresh notice to the insurance company. The Tribunal after hearing the claimant, passed the impugned judgment.
2. The learned counsel for the appellant submits that disposal of the said matter has not come to their knowledge hence there is a delay of 1322 days in filing the appeal.
3. The learned counsel for the respondents submits to dismiss this appeal since from the date of the accident i.e. on 11.07.1997 till the date of filing this appeal nearly 20 years there is delay. Hence he requested to dismiss this appeal.
4. There is a delay of 1322 days in filing the appeal that is for nearly about 20 years. I have heard the learned counsel for the appellant on the merits of the appeal and perused the impugned judgment. In my opinion, the cause shown is not acceptable to condone the inordinate delay of more than 20 years in filing the appeal. I.A.No.1/2015 is accordingly dismissed. Consequently, the appeal also stands dismissed. Appellant is directed to satisfy the award amount within a period of two weeks.
5. Amount in deposit is to be transmitted to MACT. Amount is to be credited to the bank account of the claimants forthwith.
Appeal dismissed.
Sd/-
JUDGE HR