- 1 - HC-KAR NC: 2025:KHC-D:8628 MFA No. 100084 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100084 OF 2025 (MV-I) BETWEEN: MALLIKARJUN S/O NINGAPPA SHIRKOL, AGE: 65 YEARS, OCC: RETIRED PERSON, R/O: GANDHI NAGAR, TQ: AND DIST: DHARWAD. … APPELLANT (BY SRI. SURYAVANSHI RAMESH SAMBHAJI, ADVOCATE) AND: 1. PRAKASH S/O BASAVARAJ BENDIGERI, AGE: MAJOR, OCC: BUSINESS, R/O: RAM MOHOHAR LOHIYA NAGAR, H.NO.2107, GOKUL ROAD, HUBBALLI-580 020, (OWNER OF MOTORCYCLE BEARING NO.KA-25/EP 3506). 2. THE NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISION OFFICE, THE NATIONAL INSURANCE CO. LTD., NEAR HEAD POST OFFICE, 1ST FLOOR OF BHARAT BOOK DEPOT, DHARWAD-580 008, POLICY VALID FROM 31.01.2014 TO 30.01.2015, (INSURER OF MOTORCYCLE BEARING NO.KA-25/EP 3506). … RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO THE MODIFY JUDGMENT AND AWARD DATED 31.05.2017 PASSED IN MVC NO.55/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD AND TO ENHANCE THE QUANTUM OF COMPENSATION SUITABLY IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8628 MFA No. 100084 of 2025 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 31.05.2014 passed by the Principal Senior Civil Judge and C.J.M. and Additional M.A.C.T., Dharwad (for short ‘the Tribunal’,) in MVC No.55/2015, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed on record. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In this appeal, there is a delay of 1972 days in filing the appeal, which amounts to approximately eight years delay. Admittedly, the appellant is a retired Superintendent Engineer, who was in service of the Government of Karnataka at the relevant time. It is submitted that the appellant is now retired after attaining the age of superannuation. - 3 - HC-KAR NC: 2025:KHC-D:8628 MFA No. 100084 of 2025 5. However, no satisfactory or sufficient explanation has been offered by the appellant for the inordinate delay in filing the appeal. The appellant is not an illiterate or uninformed person; rather, he held a responsible post as a Superintendent Engineer and was expected to act diligently in pursuing his legal remedies. If he intended to prefer an appeal, he ought to have done so within a reasonable time. The explanation offered is vague and unconvincing. 6. In the absence of any sufficient cause for condoning the delay, the appeal is liable to be dismissed as being barred by limitation 7. Accordingly, the appeal is dismissed on the ground of delay. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR/- CT:BCK LIST NO.: 1 SL NO.: 8