HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI M.F.A. NO.100946 OF 2017 (MV-I)

C/W. M.F.A. NO.100947 OF 2017 (MV-I)

IN MFA NO.100946 OF 2017 BETWEEN:

NAGAPPA S/O. NELLAPPA DOLLIN, AGE: 50 YEARS, OCC: COOLIE, R/O. HAVERI, NOW R/O. MUMMIGATTI, DHARWAD, TQ & DIST: DHARWAD.

…APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1. CHANDRAPPA VEERAPPA ADUR, AGE: MAJOR, OCC: TRACTOR NO.KA-27/T-1340, 1341, R/O. VADEYANAPUR, HIREKERUR TALUK, Digitally signed by HAVERI DISTRICT.

V N BADIGER Location: HIGH COURT OF 2. THE DIVISIONAL MANAGER, KARNATAKA, DHARWAD BENCH THE NEW INDIA INSURANCE CO. LTD., DIVISIONAL OFFICER, DHARWAD.

…RESPONDENTS (BY SRI. MADHUKESHWAR A. DESHPANDE, ADV. FOR R2;

NOTICE TO R1 IS SERVED BUT UNREPRESENTED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.1,06,000/- TO RS.4,50,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, HC-KAR DHARWAD, DATED 01.01.2011 IN MVC NO.321/2007, IN THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO. 100947 OF 2017 BETWEEN:

CHANDU S/O. BASANTHAPPA KAMBALI, AGE: 32 YEARS, OCC: COOLIE, R/O. HAVERI TALUK & DISTRICT, NOW R/O. NARENDRA, DHARWAD, TQ. & DIST: DHARWAD.

…APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

AND:

1. CHANDRAPPA VEERAPPA ADUR, AGE: MAJOR, OCC: TRACTOR NO.KA-27/T-1340, 1341, R/O. VADEYANAPUR, HIREKERUR TALUK, HAVERI DISTRICT, PIN-581111. 2. THE DIVISIONAL MANAGER, THE NEW INDIA INSURANCE CO. LTD., DIVISIONAL OFFICER, DHARWAD.

…RESPONDENTS (BY SRI. MADHUKESHWAR A. DESHPANDE, ADV. FOR R2;

NOTICE TO R1 IS SERVED BUT UNREPRESENTED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.85,000/- TO RS.4,00,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, DHARWAD, DATED 01.01.2011 IN MVC NO.322/2007, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

1. The Appellants, who are the Claimants in M.V.C.

Nos. 321/2007 and 322/2007 respectively, on the file of the Principal District and Sessions Judge and Motor Accident Claims Tribunal (M.A.C.T.), Dharwad have preferred these appeals along with the present application i.e. I.A. No. 1/2017 filed under Section 5 of the Limitation Act praying for condonation of delay of 2168 days in filing the appeals.

2. Learned Counsel for Respondent No.2-Insurance Company has orally opposed the applications by relying upon the decision in Prakash s/o Byroji Rao (dead) by his L.Rs. V/s Special Land Acquisition Officer and Another in MFA.No.8540/2015, dated 12.06.2024

3. During the course of argument on these applications, learned Counsel for Appellants submitted that due to ill-health and financial problems, appellants could not prefer the appeals within the prescribed period and that the delay in filing the appeals is bonafide.

HC-KAR

4. In Prakash’s case referred (supra), the Hon’ble High Court of Karnataka has held (paragraph 15) as follows:

15. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court referred to supra, we are of the considered view that the appellants have failed to show sufficient cause to condone the enormous delay of 2537 days. The averments made in the affidavit accompanying the application for condonation of delay are extremely vague and do not provide a satisfactory explanation to condone such an enormous delay. Merely, a higher compensation is awarded to the lands situated in the same village subsequently, cannot be the ground to condone the enormous delay. The condoning of enormous delay as sought by