- 1 - HC-KAR NC: 2025:KHC:29586-DB MFA No. 733 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 733 OF 2025 (MV-D) BETWEEN: SMT GANGAMMA W/O MALLU, AGED ABOUT 55 YEARS, R/A NO.10, MIG, MAHADEVAPRASAD NAGAR, GUNDLUPET TOWN, CHAMARAJANAGAR DISTRICT - 571111 …APPELLANT (BY SRI. GAURAV G.K., ADVOCATE) AND: 1. SRI MAHADEVAPPA S. S/O SUBBANNA R/A TAGALUR, RAGHAVAPURA POST, BEGUR HOBLI, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT -571111 (OWNER OF THE CAR BEARING NO. KA-05-ML-3241) 2. THE DIVISIONAL MANAGER CHOLAMANDALAM MS, GENERAL INSURANCE CO. LTD., NO.230, 5TH CROSS, 12TH MAIN ROAD, SARASWATHIPURAM Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29586-DB MFA No. 733 of 2025 KUVEMPUNAGAR SO MYSURU-570023 3. SRI. MALLU S/O LATE CHIKKANDAIAH, AGED ABOUT 58 YEARS, R/A NO.10, MIG, MAHADEVAPRASAD NAGAR, GUNDLUPETE TOWN, CHAMARAJANAGAR DISTRICT -571111 …RESPONDENTS (BY SRI. B. PRADEEP, ADV. FOR R2, V/C/O DATED: 28.02.2025 NOTICE TO R1 IS DISPENSED WITH.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.09.2021 PASSED IN MVC NO. 330/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This appeal has been filed seeking enhancement of the compensation awarded by the learned Senior Civil Judge and JMFC, Gundlupet in MVC No.330/2019. - 3 - HC-KAR NC: 2025:KHC:29586-DB MFA No. 733 of 2025 2. The appeal has been filed for enhancement of compensation with delay of 971 days. I.A.No.1/2025 is filed seeking condonation of delay. The reasons stated in the affidavit supporting the application for condonation of delay are stated in paragraphs 5 and 6 which are extracted hereunder: "AFFIDAVIT "I, Gangamma, W/o Mallu, aged 55 years, R/at No. 10, MIG., Mahadevaprasad Nagar, Gundlupet Town, Chamarajanagar District - 571111, do hereby solemnly state and affirm on oath as follows: 1. I state that I am the Appellant in the above appeal. I am conversant with the facts and circumstances of the above appeal. Hence, I am swearing to this Affidavit. 2. I state that the averments made in the Memorandum of Appeal be read as part and parcel of this Affidavit to avoid repetition of facts. 3. I state that I have filed the above Appeal being aggrieved by the Judgment and Award dated 22.09.2021 passed in MVC No. 330/2019 passed by the Court of the Senior Civil Judge and JMFC & MACT at Gundlupet thereby seeking enhancement of the award amount from Rs. 16,22,000/- (Rupees Sixteen Lakhs Twenty-Two Thousand Only) to Rs. 64,60,000/- (Rupees Sixty-Four Lakhs Sixty Thousand Only). 4. I state that I have filed this above appeal after the statutory period of filing on account of bonafide reasons without intention to delay. 5. I state that after the conclusion of the trial and passing of Judgment and Award, I had consulted with my advocate regarding filing of the above appeal for the purpose of seeking enhancement of the compensation awarded. I state that my advocate was of the opinion that I appeal before this Hon'ble Court seeking enhancement of compensation. However, I do not know Bengaluru City and any advocate in Bengaluru City. - 4 - HC-KAR NC: 2025:KHC:29586-DB MFA No. 733 of 2025 This being the case, I was enquiring with my friends and family members for introducing me to a good lawyer in Bengaluru. 6. I state that I had to also make arrangements for travel and other expenses for the purpose of filing the appeal. I state that my family was dependent on the earnings of my deceased son for sustenance. Therefore, I had to devote time making necessary arrangements to sustain my family as my son's demise was sudden. I state that I was also under grave financial constraints due to which I had to postpone the filing of the above Appeal. I state that in the year 2022, we had still not come out of the grief of our son's death and the family had to survive on nothing. Myself and my husband both of us are aged and suffer from age related diseases. I have arthritis and my husband has borderline hypertension, which requires us to take medications. 7. I state that since our son was the sole bread winner of the family, we also had to search for work. Since, we are not educated, we were not finding any jobs for us. I state that our health issues also did not permit us to take any random work. Considering our age, no one was willing to hire us for work. 8. In the year 2022 & 2023, we did not even have money to buy our medicines. Therefore, the question of incurring expenses to travel to Bengaluru in search of an advocate would not arise. 9. I state that in the month of December, 2023 and January, 2024, I suffered from severe flu and fever resulting in severe back and joint pain which took me over six to eight weeks to recover. I had to also incur the medical expenses towards recovery of the same. On account of the above constraints, I was unable to come and file the above Appeal. 10. I state that in August, 2024, I contacted my advocate to file the above Appeal and my advocate responded that I had a good case on merits for the enhancement of the compensation awarded. Further, my advocate required me to bring all other records pertaining to the case and to procure all the Trial Court records. Since the Trial Court records were not with me, I requested my advocate in Gundlupet for the same. My advocate in Gundlupet could not trace my file and I had to wait for filing the above Appeal. Recently in the month of - 5 - HC-KAR NC: 2025:KHC:29586-DB MFA No. 733 of 2025 December 2024, my advocate in Gundlupet could find the files and I handed over the same to my counsel in Bengaluru for the purpose of enhancement of compensation award. Hence, the appeal. 11. I state that I am 55 years old who also has to work for a living and I am completely dependent on my family and friends to come to Bengaluru as I do not know the city. I do not have any legal knowledge to understand the legal intricacies for any information sought by my advocate. I state that I had to also bring my advocate in Gundlupet to speak with my counsel in Bengaluru. All these events took considerable time and expenses. Hence, the delay. 12. I state that unless the above application is allowed, I will be put to great hardship and irreparable loss which could not be compensated monetarily. On the other hand, no such hardship will be caused to the Respondents as they may contest the matter on merits. WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to allow the above application in the interest of justice and equity." 3. Though a statement has been made that the appellant had come down to Bengaluru for filing the appeal but the affidavit filed in support of the application would suggest that the same was executed at Mysuru. The reasons stated in the affidavit filed in support of the application for condonation of delay is neither convincing nor genuine and bonafide. 4. We cannot encourage litigations for taking a chance before this Court where the appeal is barred by limitation and - 6 - HC-KAR NC: 2025:KHC:29586-DB MFA No. 733 of 2025 there are inexplicable delay and laches in filing the appeal inasmuch as there is inordinate delay of 971 days. 5. On consideration of the facts and the affidavit filed in support of the application, we find no reason to condone such a huge delay of 971 days and therefore, the I.A.No.1/2025 for condonation of delay is rejected. As a result thereof, the appeal is also rejected being time barred. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 32