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2026 DAILYLAW 32864 (KAR)

DURGAMMA v. ANILKUMAR N

MFA/1886/2019 · 2026-07-17

Jayant Banerji, Tara Vitasta Ganju

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010059652019 NC: 2026:KHC:42824-DB MFA No. 1886 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1886 OF 2019 (MV-D) BETWEEN: 1. DURGAMMA W/O SHANKARAPPA, AGED ABOUT 53 YEARS, 2. PARASAPPA S/O SHANKARAPPA, AGED ABOUT 33 YEARS, 3. SURESH S/O SHANKARAPPA, AGED ABOUT 31 YEARS, ALL ARE R/O SANKLAPURA, SHIKARIPURA TALUK NOW R/O C/O LALITHAMMA W/O NAGARAJ, R/O 2ND CROSS, J.P NAGAR, SHIVAMOGGA …APPELLANTS (BY SRI. PRASAD B.S., ADVOCATE) Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010059652019 NC: 2026:KHC:42824-DB MFA No. 1886 of 2019 AND: 1. ANILKUMAR N S/O NAGAPPA D., AGED ABOUT 27 YEARS, R/O 3RD CROSS,5TH STAGE, VEERANNA LAYOUT, VINOBANAGAR, SHIVAMOGGA 2. USHA H W/O JAYASHANKAR JALIHAL, AGED ABOUT 35 YEARS, 3RD CROSS,5TH STAGE, VEERANNA LAYOUT, VINOBANAGAR SHIVAMOGGA 3. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO.LTD., HARSHA COMPLEX B.H.ROAD, SHIVAMOGGA 4. R.RAMESH S/O RAJENDRAPPA, AGED ABOUT 33 YEARS, 2ND CROSS, RAGHAVENDRA EXTN., JAYADEVA RICE MILL, SHIKARIPURA, SHIVAMOGGA. 5. UNITED INDIA INSURANCE CO LTD SHIVAMOGGA AA CIRCLE, BH ROAD, SHIVAMOGGA REPRESENTED BY ITS MANAGER …RESPONDENTS - 3 - HC-KAR CNR: KAHC010059652019 NC: 2026:KHC:42824-DB MFA No. 1886 of 2019 (BY SRI.JANARDHAN REDDY, ADVOCATE FOR R3; SRI.S.KRISHNA KISHORE, ADVOCATE FOR R5 NOTICE TO R1, R2 AND R4 ARE SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2018 PASSED IN MVC NO.324/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER The learned counsel for the respondent Nos.3 and 5 / insurance companies states that no liability has been fixed on the insurance companies, due to the fact that the vehicle was temporarily registered and even after a lapse of the stipulated period, the vehicle was not registered. Further, it is stated that there was no permit issued by the Road Transport Authorities to ply the vehicle and therefore there was a breach of the conditions of the insurance, rendering them not liable. 2. Learned counsel for the appellants seeks an adjournment to enable him to file the relevant decisions of the Supreme Court in this regard and to argue the matter on the - 4 - HC-KAR CNR: KAHC010059652019 NC: 2026:KHC:42824-DB MFA No. 1886 of 2019 next date of listing, on which date the case would not be adjourned. 3. Further, the learned counsel for the appellants prays for and is granted three weeks time to file duly attested translated copies of the documents/depositions on record supported by an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment), failing which the appeal shall stand dismissed without further reference to the Court. If the translations are filed, list this matter on 11.08.2026. Sd/- JUDGE Sd/- JUDGE NOTE: Court Order dt.17.07.2026 not complied with. Hence Appeal stands dismissed. COPY Sd/- I/C ASSISTANT REGISTRAR T By : MK R By : NR C By : STE