- 1 - HC-KAR NC: 2025:KHC-D:11873 MFA No. 105969 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 105969 OF 2024 (MV-I) BETWEEN: SRI. HAZARATALLI @ HAZARATHA UMMAR S/O. MAHAMMADALI DESAKATTI, AGE: 30 YEARS, OCC. MASNORY, R/O: PURAD ONI, HAVERI, TQ. & DIST. HAVERI. …APPELLANT (BY SRI. ANJANEYA M., ADVOCATE) AND: THE DIVISIONAL MANAGER AND SELF INSURANCE FUND, NWKRTC BAGALKOT DIVISION, BAGALKOT-587101. …RESPONDENT THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR RECORDS HEAR THE PARTIES AND MAY KINDLY BE MODIFIED THE JUDGMENT AND AWARD DATED 05.10.2019 BY ENHANCING THE COMPENSATION IN MVC NO.1333/2017 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HAVERI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.17 15:46:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11873 MFA No. 105969 of 2024 ORAL JUDGMENT This Appeal is filed by the appellant challenging the judgment and award dated 05.10.2019 passed in M.V.C. No.1333/2017 by the learned Addl. Senior Civil Judge and M.A.C.T., Haveri, along with an application in I.A.No.2/2024 for condonation of the delay of 1,784 days in filing the instant appeal. 2. In support of the application, the appellant has filed an affidavit stating that after obtaining a certified copy of the award passed by the Tribunal, the Advocate has intimated him, through the telephone regarding the passing of the judgment and to get the judgment and award. After intimation by the counsel, he could not meet him for about one and a half years due to COVID lockdown and ill health issues in the family. In June, 2022, he contacted the counsel appearing for him before the Tribunal and came to know that the Insurance Company has deposited the - 3 - HC-KAR NC: 2025:KHC-D:11873 MFA No. 105969 of 2024 compensation amount and filed an application to withdraw the amount in July, 2022. 3. It is stated that he requested the counsel appearing before the tribunal to prefer an appeal. Thereafter his counsel suggested him to meet after two months. Due to health issues and financial problems, the appellant was not in a position to meet his counsel till October 2024. Thus, the delay was caused in filing the appeal. 4. The Tribunal disposed of the claim petition on 05.10.2019, and the present appeal is filed on 06.12.2024. There is an inordinate delay in filing the appeal, and further, the appellant, in support of the application, has not produced any medical records to demonstrate that he was suffering from ill health. The appellant has not shown any sufficient cause for condoning the inordinate delay in filing the appeal. The application in I.A.No.2/2024 is liable to be dismissed on the ground that there is an inordinate delay in - 4 - HC-KAR NC: 2025:KHC-D:11873 MFA No. 105969 of 2024 filing the instant appeal. Accordingly, I proceed to pass the following order : ORDER (i) I.A.No.2/2024 is dismissed. (ii) Consequently, the appeal is also dismissed. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT:ANB List No.: 1 Sl No.: 48