- 1 - HC-KAR NC: 2026:KHC:32546 MFA No. 505 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.505 OF 2017 (MV-I) BETWEEN: SMT.NAGAMMA, W/O LATE MAADESHA, AGED ABOUT 36 YEARS, R/AT 92, 6TH CROSS, ITPL MAIN ROAD, KUNDALAHALLI LAYOUT, BANGALORE - 560 037. …APPELLANT (BY SRI. M.ANIL KUMAR, ADVOCATE) AND: 1. THE REGIONAL MANAGER, RELIENCE GEN. INS. CO.LTD., CENTENARY BUILDING, 5TH FLOOR, NO.28, M.G.ROAD, BANGALORE - 560 001. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32546 MFA No. 505 of 2017 2. MR.LAVAPRAKASH, S/O BHOJEGOWDA, NO.55/56, 5TH MAIN, RHCS LAYOUT, ANNAPOORNESHWARI NAGAR, BANGALORE - 560 091. …RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.03.2013 PASSED IN MVC NO.2979/2011 ON THE FILE OF THE IV ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:32546 MFA No. 505 of 2017 ORAL JUDGMENT I.A.No.1/2017 is filed to condone the delay of 1292 days in filing the appeal. 2. Learned counsel for the appellant in the application has stated that due to the injuries sustained in the accident, he lost the job in Bengaluru and went to his native place and it was very difficult for him to travel to Bengaluru from his native place and also he was facing financial problem and could not meet his Advocate to instruct him to file appeal. Recently when he met the counsel in the Hospital, he expressed his interest in filing the appeal for enhancement of compensation and thus there is a delay of 1292 days i.e., three years six months in filing the appeal. 3. In the objections filed by the Insurance Company, they stated that the delay of 1292 days in filing the appeal is abnormal and the reasons stated by the appellant is not convincing. The appellant has not filed - 4 - HC-KAR NC: 2026:KHC:32546 MFA No. 505 of 2017 any document in support of the reasons assigned in the affidavit and he could have met his Advocate at earlier point of time or contacted him over phone or through other modes. Therefore, the abnormal delay cannot be condoned. 4. I.A.No.1/2017 is filed by the injured-claimant to condone the delay of 1292 days in filing the appeal for enhancement of compensation. He engaged counsel in the trial Court for conducting the proceedings and he knows about the result of the case. He simply kept quite for a period of three years six months without any reasons and simply came up with an application for condoning the delay in filing the appeal before this Court stating that he has no knowledge and no financial resource and not met Advocate. It is for the claimant to evince an interest in pursuing the litigation and he has to prepare an appeal within the duration stipulated by the Act but he kept quite for three years six months and failed to submit convincing and sufficient reasons to the Court. - 5 - HC-KAR NC: 2026:KHC:32546 MFA No. 505 of 2017 5. The reasons stated by the appellant is neither sufficient nor convincing to condone the abnormal delay of 1292 days in filing the appeal. Hence, I.A.No.1/2017 is dismissed. In view of the same, appeal is also dismissed. Sd/- (P SREE SUDHA) JUDGE SMJ List No.: 1 Sl No.: 4