Karnataka High Court
National Insurance Co. Ltd vs Smt.Sumangala W/O Srishail And Ors on 31 July, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:4329-DB
MFA No. 200509 of 2017
C/W MFA No. 200508 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCL. FIRST APPEAL NO. 200509 OF 2017 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200508 OF 2017 (MV-I)
IN MFA NO.200509/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD
THROUGH ITS DIVISIONAL MANAGER
BILGUNDI COMPLEX, STATION ROAD,
GULBARGA.
Digitally signed by
...APPELLANT
BASALINGAPPA (BY SRI. SANJAY M. JOSHI, ADVOCATE)
SHIVARAJ
DHUTTARGAON
Location: HIGH
AND:
COURT OF
KARNATAKA
1. SMT SUMANGALA
W/O SRISHAIL
AGE 30 YEARS, OCC: HOUSEHOLD
2. SRIDEVI
D/O SRISHAIL
AGE 12 YEARS, MINOR
3. BHAGESH
S/O SRISHAIL
AGE 10 YEARS, MINOR
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NC: 2025:KHC-K:4329-DB
MFA No. 200509 of 2017
C/W MFA No. 200508 of 2017
HC-KAR
4. ERANNA
S/O SRISHAIL
AGE 08 YEARS, MINOR
5. SHIVAGANGAMMA
W/O BHIMRAYA
AGE 59 YEARS,
OCC:HOUSEHOLD,
6. BHIMRAYA
S/O MALKAPPA
AGE 62 YEARS, OCC:NIL
PETITIONER NO.2 TO 4 ARE MINORS
THROUGH THEIR NEXT FRIEND AND
NATURAL MOTHER
SMT SUMANGALA
W/O SRISHAIL (PETITIONER NO.1)
ALL R/O VASTARAGI VILLAGE, TQ. JEWARGI.
7. SULTAN PATEL
S/O MEHABOOB PATEL
AGE MAJOR, OCC:OWNER OF LORRY BEARING
NO.MH-04/P-9696,
R/O NEAR JAMIYA MASJID ROAD,
OLD SHAHABAD, TQ. CHITTAPUR,
DIST. GULBARGA.
...RESPONDENTS
(BY SRI. BABU H. METAGUDDA, ADV. FOR R1 TO R6)
THIS MFA FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN MVC NO.622/2013 ON THE FILE OF
I ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI AND
SET ASIDE AND MODIFY THE JUDGMENT DATED 13.12.2016
AND AWARD DATED 26.12.2016 BY ALLOWING THIS APPEAL
WITH COSTS AND GRANT SUCH OTHER RELIEF AND FURTHER
RELIEFS, AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-K:4329-DB
MFA No. 200509 of 2017
C/W MFA No. 200508 of 2017
HC-KAR
IN MFA NO.200508/2017:
BETWEEN:
NATIONAL INSURANCE CO. LTD
THROUGH ITS DIVISIONAL MANAGER
BILGUNDI COMPLEX, STATION ROAD,
GULBARGA.
...APPELLANT
(BY SRI. SANJAY M. JOSHI, ADVOCATE)
AND:
1. SHIVANNA
S/O SAHEBGOUDA
AGE 44 YEARS, OCC: AGRICULTURE,
R/O VILLAGE VASTARAGI
TQ. JEWARGI,
DIST. KALABURAGI-585310.
2. SULTAN PATEL
S/O MEHABOOB PATEL
AGE MAJOR, OCC: OWNER OF LORRY BEARING
NO.MH-04/P-9696,
R/O NEAR JAMIYA MASJID ROAD
OLD SHAHABAD, TQ. CHITTAPUR
DIST. GULBARGA-585229.
...RESPONDENTS
(R1 & R2 ARE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS IN MVC NO.710/2013 ON THE FILE OF
I ADDL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI AND
SET ASIDE AND MODIFY THE JUDGMENT DATED-13.12.2016
AND AWARD DATED-26.12.2016 BY ALLOWING THIS APPEAL
WITH COSTS AND GRANT SUCH OTHER RELIEF AND FURTHER
RELIEFS, AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-K:4329-DB
MFA No. 200509 of 2017
C/W MFA No. 200508 of 2017
HC-KAR
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
This Court, vide order dated 22.06.2024, allowed the
application filed by the appellant seeking permission to
take out paper publication, and also fixed the date of
appearance on 29.07.2024. Though the draft for
publication was collected by the learned counsel appearing
for the appellant, no paper publication was made in the
Vijaya Vani Kannada Daily Newspaper, Kalaburagi Edition
as directed in the order dated 22.06.2024. Further, no
memo has been filed indicating that, paper publication was
effected in compliance with the said order.
In the light of these facts, and considering that these
appeals were filed in the year 2017 and nearly eight years
have been lapsed, it is evident that the learned counsel for
the appellant has not been diligent in perusing the matter.
NC: 2025:KHC-K:4329-DB
HC-KAR
There is no ground to keep the matter alive for almost a
decade for service of notice. Accordingly, the appeals
stand dismissed."
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
TMP
CT:JLR
