- 1 - HC-KAR CNR: KAHC010220932021 NC: 2026:KHC:37585 MFA No. 2789 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2789 OF 2021 (MV-D) BETWEEN: 1. SMT. PREMAMMA @ PREMA, W/O LATE NINGE GOWDA, AGED ABOUT 43 YEARS, 2. SMT. SAVITHA, W/O RAVI, D/O LATE NINGEGOWDA, AGED ABOUT 30 YEARS, 3. PAVITHRA, D/O LATE NINGE GOWDA, AGED ABOUT 27 YEARS, 4. SRI. MAHADEV S/O LATE NINGE GOWDA, AGED ABOUT 24 YEARS, ALL ARE R/AT BATIGANAHALLI, BHARYA POST, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010220932021 NC: 2026:KHC:37585 MFA No. 2789 of 2021 HOSA AGRAHARA HOBLI, K.R.NAGAR TALUK, MYSORE DISTRICT-571601. …APPELLANTS (BY SRI. B.R.VISWANATH, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, K.S.R.T.C. K.R.NAGA DIVISION, K.R. NAGAR TALUK, MYSORE DISTRICT-571602. 2. THE MANAGING DIRECTOR K.S.R.T.C KH ROAD, SHANTHINAGAR, BANGALORE-560027 …RESPONDENTS (BY SMT. RADHA B.P., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.07.2009, PASSED IN MVC NO.7406/2007, ON THE FILE OF THE XIII-ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU (SCCH-15). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010220932021 NC: 2026:KHC:37585 MFA No. 2789 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The appellants-claimants have preferred the present appeal seeking enhancement of the compensation awarded by the Tribunal. Along with the appeal, I.A. No.1/2021 has been filed under the relevant provisions seeking condonation of a delay of 3,800 days in preferring the appeal. The said application is supported by an affidavit sworn to by appellant No.1, the wife of the deceased. In paragraph Nos.1 and 2 of the affidavit, she has stated as follows: "1. I submit that, I am the Appellant in the above case Appellant No.2 to 4 are the my daughters and sons they have authorized me to swear this affidavit as, I know the fact and circumstances of the case. Hence, I am swearing to this Affidavit on behalf of myself and also on behalf of Appellant No.2 to 4. 2. I submit that the Judgment and award was passed by the Tribunal on 24.07.2009, after passing of the judgment and award, there was no communication between myself and advocate on record before the trial court. I put my best effort to contact the advocate on record to know about the case number and result of the case. I had not succeeded to get about the MVC Number and copy of the judgment as I am an illiterate I don't have knowledge to contact the advocate at Bangalore, who dealt the case. In the mean time in my family - 4 - HC-KAR CNR: KAHC010220932021 NC: 2026:KHC:37585 MFA No. 2789 of 2021 ma father died during 2010, thereafter during 2011 my mother also died. On account of death my parents I was in distress. When I overcome the depression I performs the marriage of my second daughter who is appellant No.3 herein during 2017, I am medically not fit, frequently I was falling ill. In this circumstances I was prevented to collect MVC number and judgment and award from the advocate of the trial Court." 2. I have carefully considered the reasons assigned in the affidavit filed in support of the application seeking condonation of delay. There is an inordinate and unexplained delay of about twelve years in preferring the present appeal. The explanation offered by the appellants does not constitute sufficient cause to condone such an extraordinary delay. 3. Nevertheless, on careful perusal of the impugned judgment and award, it is evident that the Tribunal has properly appreciated the oral and documentary evidence on record, correctly assessed the monthly income of the deceased, awarded compensation under the appropriate heads and determined just and reasonable compensation in accordance with the settled principles governing motor accident claims. The award does not suffer from any perversity, illegality or infirmity - 5 - HC-KAR CNR: KAHC010220932021 NC: 2026:KHC:37585 MFA No. 2789 of 2021 warranting interference by this Court. In the aforesaid circumstances, I am of the considered view that the appeal is liable to be dismissed both on the ground of inordinate delay as well as on merits. Accordingly, I.A. No.1/2021 is dismissed. Consequently, the appeal also stands dismissed. Learned counsel for the respondent has filed statement of objection and the same is taken on record. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 20