Karnataka High Court
Sunil Allies Nagaraj S/O ... vs Prithviraj T Miskin on 7 September, 2022
Bench: H.P.Sandesh
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MFA No. 100178 of 2022
C/W MFA No. 100406 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.100178/2022 (MV-I)
CONNECTED WITH
MISCELLANEOUS FIRST APPEAL NO.100406/2022 (MV-I)
IN MFA No.100178/2022
BETWEEN:
SANTOSH S/O KALLAPPA SHIRAIKANAHALLI
AGE. 38 YEARS,
OCC. HARDWARE BUSINESS,
R/O. SINDAGI
DIST. BIJAPUR
NOW RESIDING AT PLOT NO.51
BIRADAR BUILDING
LINGARAJ NAGAR (NORTH) HUBBALLI
TQ. HUBBALLI
DIST. DHARWAD-580024
... APPELLANT
(BY SRI. RAJSHEKAR B HALLI, ADVOCATE)
AND:
Digitally signed
by J MAMATHA 1. PRITHVIRAJ T MISKIN
J Location:
MAMATHA Dharwad AGE. MAJOR
Date: 2022.09.09
11:12:21 +0530 OCC. MISKIN ART STUDENT
R/O. JAKANIBHAVI ROAD,
DIST. DHARWAD-58009
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MFA No. 100178 of 2022
C/W MFA No. 100406 of 2022
2. IJAJ-AHMED S/O AHMED BYAHATTI
AGE. MAJOR, OCC. BUSINESS
BAMMAPUR, ONI HUBBALLI
TQ. HUBBALLI
DIST. DHARWAD-580025
3. THE NEW INDIA ASSURANCE COMPANY LIMITED
REPRESENTED BY ITS DIVISIONAL OFFICER
SHRINATH COMPLEX,
NCM, HUBBALLI
4. ABDULKHADAR S/O ABDUL RASHID MANIYAR
AGE. MAJOR, OCC. DRIVER
R/O. BENKAPUR CHOUK,
MEDAR ONI, OLD HUBBALLI
TQ. HUBBALLI
DIST. DHARWAD-580025
...RESPONDENTS
(BY SRI S V YAJI, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE M.V.
ACT AGAINST THE JUDGMENT AND AWARD DATED 21.04.2010,
PASSED IN MVC NO.888/2005 BY THE FAST TRACK COURT-II,
DHARWAD SITTING AT HUBLI AND ETC.
IN MFA No.100406/2022
BETWEEN:
SUNIL ALLIES NAGARAJ
S/O ISHWARAPPA KUNDAGOL
AGE. 46 YEARS, OCC. TEAM MANAGER IN A FIRM
R/O. PLOT NO.21, RAVINAGAR
GOKUL ROAD, HUBBALLI
HUBBALLI, DIST. DHARWAD-580026
... APPELLANT
(By Sri R B HALLI, ADVOCATE)
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MFA No. 100178 of 2022
C/W MFA No. 100406 of 2022
AND
1. PRITHVIRAJ T MISKIN
AGE. MAJOR
OCC. MISKIN ART STUDIES
R/O. JAKANIBHAVI ROAD
DHARWAD-580028
2. IJAJ-AHMED S/O AHMED BYAHATTI
AGE. MAJOR
OCC. BUSINESS
BAMMAPUR
ONI HUBBALLI
TQ. HUBBALLI
DIST. DHARWAD-580024
3. THE NEW INDIA ASSURANCE COMPANY LIMITED
REPRESENTED BY ITS DIVISIONAL OFFICER
SHRINATH COMPLEX,
NCM, HUBBALLI
4. ABDULKHADAR S/O ABDUL RASHID MANIYAR
AGE. MAJOR
OCC. DRIVER
R/O. BENKAPUR CHOUK
MEDAR ONI
OLD HUBBALLI
TQ. HUBBALLI
DIST. DHARWAD-580031
...RESPONDENTS
(BY SRI S V YAJI, ADVOCATE FOR R3
NOTICE TO R1 AND 2 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE M.V.
ACT AGAINST THE JUDGMENT AND AWARD DATED 21.04.2010,
PASSED IN MVC NO.887/2005 BY THE FAST TRACK COURT-II,
DHARWAD SITTING AT HUBLI AND ETC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING.
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MFA No. 100178 of 2022
C/W MFA No. 100406 of 2022
JUDGMENT
Heard the learned counsel for the respective appellants on
I.A.No.1/2022 in both the appeals for condonation of delay of
3617 days in filing the appeals. The MVC cases were disposed of
in the year 2010 and the present appeals are filed in the year
2022 that is almost after 12 years and the award passed by the
Tribunal is also satisfied and the claimants were also taken the
compensation amount. When such the being the case, delay has
not been explained and each day delay has to be explained. The
counsel for the respondent No.3 submits that the appellant in MFA
No.100406/2022 is working in the bank as a Team Manager.
Having taken note of the fact that this a case of injuries in both
the appeals and there is a delay of 3617 days in filing the appeals
and no reasons are made out to condone the delay and the delay
is not satisfactorily explained for each day in filing these appeals.
Accordingly, I.A.No.1/2022 in both the appeals are dismissed and
consequently, the appeals are also dismissed.
(Sd/-)
JUDGE
SN
