- 1 - HC-KAR NC: 2025:KHC-D:13016 MFA No. 101500 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO.101500 OF 2020 (MV-D) BETWEEN: 1. MALLAPPA S/O. YALLAPPA KADOLKAR, AGE: 42 YEARS, OCC:COOLIE, R/O. RAMADEV GALLI, PEERANAWADI, TQ. & DIST: BELAGAVI-590004. 2. RAMESH S/O. YALLAPPA KADOLKAR, AGE:41 YEARS, OCC: COOLIE, R/O. RAMADEV GALLI, PEERANAWADI, TQ. & DIST: BELAGAVI-590004. 3. SMT. YALLAWWA W/O. MALLAPPA JAKKANNAVAR, AGE:39 YEARS, OCC: HOUSEHOLD WORK R/O. RAMADEV GALLI, PEERANAWADI, TQ. & DIST: BELAGAVI-590004. …APPELLANTS (BY SRI. HANAMANT R. LATUR, ADV) AND: 1. ANBALAGAN C. S/O. CHINNAPPAIYAN, AGE:52 YEARS, OCC: AGRICULTURE/BUSINESS, R/O.1233, THULUVAPUSHPAGIRI VILL, REDDY PALAYAM, SANTHAVASAL POST, POLUR TALUKA, DIST:THIRUVANNAMALI, TAMILNADU-606803. 2. THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN-302022. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADV FOR R2, NOTICE TO R1 IS DISPENSED WITH) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13016 MFA No. 101500 of 2020 THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.06.2016 PASSED IN MVC NO.2069/2013 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT-VI, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IA NO.1/2020 IS FILED U/S 5 OF THE LIMITATION ACT PRAYING TO CONDONE THE DELAY OF 1348 DAYS IN FILING THE ABOVE APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This appeal is filed challenging the judgment and award dated 16.06.2016 passed in MVC No.2069/2013 by the learned V Addl. District and Sessions Judge and MACT-VI, Belagavi (‘Tribunal’ for short) along with an application in IA No.1/2020 for condonation of delay of 1,348 days in filing the appeal. 2. In support of the application, appellant No.1 has filed an affidavit stating that, due to ill-health, financial - 3 - HC-KAR NC: 2025:KHC-D:13016 MFA No. 101500 of 2020 difficulties and ignorance of limitation, he has not filed an appeal for enhancement and after arranging the amount for expenses of appeal, he visited to an Advocate to file this appeal. Thus, the delay has been caused in filing the instant appeal. 3. Heard the arguments of learned counsel for the appellants, and learned counsel for the Insurance Company/ respondent No.2 herein. 4. Learned counsel for the appellants submits that, due to ill-health of appellant No.1, the appellants could not file the appeal in time. Thus, he submits that, the appellants have shown sufficient cause for condoning the delay of 1,348 days in filing the instant appeal. Hence, he submits that, the application may be allowed and delay of 1,348 days in filing the appeal may be condoned. 5. Per contra, learned counsel for the Insurance Company/respondent No.2 herein opposes the application stating that, there is an inordinate delay in filing the appeal. - 4 - HC-KAR NC: 2025:KHC-D:13016 MFA No. 101500 of 2020 The appeal is liable to be dismissed on the ground of delay and laches. Hence, prays to reject the application IA No.1/2020. 6. Perused the records and considered the submissions of learned counsel for the parties. 7. The appellants have filed a claim petition in 2013 and the Tribunal, after recording the evidence, allowed the claim petitions vide common judgment and award dated 16.06.2016 and the appellants have applied for a copy of the impugned judgment and award on 20.07.2016 and the copy was ready on 30.07.2016 and the copy was received on 30.07.2016. After the disposal of the claim petition, the Insurance Company has deposited the compensation amount with accrued interest. The appellants have not taken steps to file the appeal for more than 3 years and 6 months. After the lapse of 3 years 6 months, the appellants have filed this appeal being dissatisfied with the quantum of compensation awarded by the Tribunal. The appellants - 5 - HC-KAR NC: 2025:KHC-D:13016 MFA No. 101500 of 2020 have not shown any sufficient cause for condoning the delay of 1,348 days in filing the instant appeal. There is an inordinate delay in filing the appeal. The appeal is liable to be dismissed on the ground of delay and laches. 8. The Hon’ble Supreme Court in the case of Shivamma (Dead) by LRs Vs. Karnataka Housing Board and Others1, has held as follows: “264. No litigant should be permitted to be so lethargic and apathetic, much less be permitted by the courts to misuse the process of law.” Considering the proposition of law laid down by the Hon’ble Supreme Court, I do not find any sufficient cause to condone the delay of 1,348 days in filing the appeal. Hence, IA No.1/2020 is liable to be rejected on the ground of inordinate delay and laches. 9. Accordingly, IA No.1/2020 is rejected. Consequently, the appeal is dismissed. 1 2025 SCC OnLine SC 1969 - 6 - HC-KAR NC: 2025:KHC-D:13016 MFA No. 101500 of 2020 9. In view of dismissal of the appeal, pending interlocutory application(s), if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 49