- 1 - HC-KAR NC: 2026:KHC:13883 MFA No. 5107 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5107 OF 2024 (MV-I) BETWEEN: ROHITH M, S/O LATE MANJUNATHA D, AGED ABOUT 24 YEARS, RESIDENT OF NO.107, 3rd CROSS, DODDANNANAGAR, KAVAL BYRASANDRA R. T. NAGAR, BANGALORE NORTH, BANGALORE - 32. …APPELLANT (BY SRI. R LAKSHMANA., ADVOCATE) AND: THE MANAGING DIRECTOR B.M.T.C. SAARIGE BHAVANA, DOUBLE ROAD, SHANTHINAGAR, BANGALORE - 27. …RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.11.2018 PASSED IN MVC NO.6915/2017 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND XXXII ACMM, MEMBER, MACT-3, COURT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13883 MFA No. 5107 of 2024 OF SMALL CAUSES, BENGALURU, 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 ORAL JUDGMENT Learned counsel for the appellant is absent. I.A.No.1/2024 has been filed for condonation of a delay of 1265 days i.e., 3 years and 4 months. The petitioner/claimant in his affidavit has stated that he sustained multiple injuries and became permanently disabled. Due to this condition, he could not contact his counsel in time. He further stated that he recently contacted his counsel and therefore, the delay has occurred. 2. In the counter filed by the respondent/BMTC, the Assistant Law Officer of the BMTC Central Office has stated that MVC No.6915/2017 was disposed of on 22.11.2018. It is further stated that BMTC had filed MFA No.2068/2019 challenging the said award, in which the present appellant was - 3 - HC-KAR NC: 2026:KHC:13883 MFA No. 5107 of 2024 represented by his advocate. The said appeal was dismissed as withdrawn on 26.08.2022. A copy of the memo of withdrawal has been produced. 3. It is contended that the petitioner has now filed the present appeal two years after the withdrawal of the said MFA, without any explanation for the inordinate delay. It is also stated that the petitioner has not produced any medical records in support of his claim. The delay is inordinate and thus, the respondent is requested for dismissal of the application. 4. The petitioner/injured claimant has filed the present appeal for enhancement of compensation with an abnormal delay of 1265 days. The reason stated by him is that he could not contact his advocate as he had become permanently disabled. The reason assigned for such an inordinate delay is neither convincing nor satisfactory. 5. Learned counsel for the respondent has also submitted that in the meanwhile, they had filed an appeal in which the petitioner had entered appearance through his advocate. This clearly indicates that the present appeal has - 4 - HC-KAR NC: 2026:KHC:13883 MFA No. 5107 of 2024 been filed as an afterthought, after the disposal of MFA No.2068/2019 filed by the Managing Director of BMTC. Therefore, this Court finds no merit in I.A.No.1/2024 and accordingly, the same is dismissed. In view of the dismissal of I.A.No.1/2024, MFA No.5107/2024 also stands dismissed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 23