- 1 - HC-KAR CNR: KAHC010317432021 NC: 2026:KHC:36744 MFA No. 4192 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4192 OF 2021 (MV-I) BETWEEN: THE DIRECTOR KARNATAKA GOVERNMENT INSURANCE DEPARTMENT MOTOR BRANCH BANGALORE-560001. …APPELLANT (BY SRI. SHESHU V., AGA) AND: 1. KUMARI SINDHU M D/O MANJUNATH A AGED ABOUT 21 YEARS S/O LATE ANNAYAPPA BOTH ARE R/AT NO.6012, 6TH CROSS JANATHA COLONY HULIMAVU, BANNERGHATTA ROAD BENGALURU 560076. AND ALSO AT NO.154 6TH CROSS, NEAR IYENGAR BAKERY JANATHA COLONY HULIMAVU, BANNERGHATTA ROAD BANGALORE-560076. 2. THE D G AND I G P KARNATAKA STATE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010317432021 NC: 2026:KHC:36744 MFA No. 4192 of 2021 NRUPATHUNGA ROAD BENGALURU-560001. …RESPONDENTS (BY SRI. GIRISH., ADVOCATE FOR R1: R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.11.2015, PASSED IN MVC NO.748/2015, ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU (SCCH-15), AWARDING COMPENSATION OF RS.2,78,000/- TOGETHER WITH INTEREST AT 9 PERCENT P.A., FROM THE DATE OF PETITION TILL THE REALIZATION OF THE COMPENSATION AMOUNT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. Heard the learned counsel for both parties on I.A.No.1/2021 filed by the appellant seeking condonation of the delay of 1491 days in filing the appeal. 2. The application is accompanied by the affidavit of the appellant, wherein it is stated in paragraph 3 as under: “The first Appellant after receiving the certified copy of the impugned order and opinion of the Government Pleader forwarded the same to the Department on 18.12.2015 in the State Government. Thereafter, on 28.12.2015, an opinion letter of the State Government- communicated that it is a fit case for Appeal and forwarded to the Law Department. The Law Department, - 3 - HC-KAR CNR: KAHC010317432021 NC: 2026:KHC:36744 MFA No. 4192 of 2021 after perusal of the Lower Court records and the certified copy of the impugned order, issued the Government Order authorizing the Government Advocate to prefer an Appeal before this Hon'ble Court against the impugned Order dated 16.11.2015 passed in MVC No.748/2015 vide Government Order No.LAW 694 LSP 2015, Bengaluru dated 28.04.2016. In the meantime, due to change in Officers and administrative roles, the Appellant was not in a position to file the above mentioned Appeal. When the office did get ready, pandemic broke out and there was further delay in approaching the office of the Advocate General to file the Appeal.” 3. A perusal of the reasons assigned in the affidavit discloses that the explanation is incapable of furnishing a judicially acceptable ground for condonation of delay. This Court and the Hon'ble Apex Court, in the catena of judgments, have held that, though it is true that the Government should not be treated as any other private litigant, as, indeed, in the case of the Government, the decisions to present and prosecute appeals are not individual, but institutional decisions necessarily bogged down by the proverbial red tape. However, there are limits to the same. The explanation offered for the delay in the present case is not acceptable and if it could be gathered that the Government was not vigilant in presenting the appeal within - 4 - HC-KAR CNR: KAHC010317432021 NC: 2026:KHC:36744 MFA No. 4192 of 2021 the prescribed period of limitation, such delay cannot be condoned. The mechanical, casual, and cavalier approach adopted by the Government in seeking condonation of delay cannot be accepted. 4. In the instant case, the inordinate delay of 1491 days has not been properly explained by the Government. The Government has neither acted vigilantly nor the grounds stated in the affidavit are acceptable. In such circumstances, I am of the considered view that the delay in filing the appeal cannot be condoned. Accordingly, I.A.No.1/2021 is dismissed. Consequently, the appeal is also dismissed. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 19