Karnataka High Court
MFA/103246/2014 of NATIONAL INSURANCE CO., LTD., Vs DURGAMMA ISHWAR NAIK on 30 April 2026
NC: 2025:KHC-D:14678 MFA No. 103246 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103246 OF 2014 (MV-) BETWEEN: NATIONAL INSURANCE CO. LTD., THROUGH DIVISIONAL
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 30TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 103246 OF 2014 (MV-)
BETWEEN:
NATIONAL INSURANCE CO. LTD.,
THROUGH DIVISIONAL MANAGER,
DIVISIONAL OFFICE, HUBLI,
HEREIN REPRESENTED BY
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 2ND FLOOR,
ARIHANT PLAZA, KUSUGAL ROAD,
KESHWAPUR, HUBLI-580 023,
REPRESENTED BY ITS DEPUTY MANAGER.
…APPELLANT
(BY SRI. R.R. MANE, ADVOCATE)
AND:
1.
SMT. DURGAMMA ISHWAR NAIK,
AGE: ABOUT 49 YEARS, OCC: COOLIE,
2.
SUSHILA D/O. ISHWAR NAIK,
AGE: 28 YEARS, OCC: HOUSEHOLD,
3.
BABY D/O. ISHWAR NAIK,
AGE: 25 YEARS, OCC: STUDENT,
4.
SUDHA D/O. ISHWAR NAIK,
AGE: 22 YEARS, OCC: STUDENT,
GIRIJA A.
BYAHATTI
Digitally signed by GIRIJA
A. BYAHATTI
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2025.11.03 12:22:04
+0530
HC-KAR
[ALL ARE R/O. MAVINKATTE KOTEBAGIL,
SHIRALI, TALUK: BHATKAL, DIST: U.K.]
5.
A.J. SUNNY S/O. SRI JHON,
AGE: MAJOR, OCC: REGD. OWNER
OF TRUCK NO.KL-8/G-8955,
R/O. ABHANDY HOUSE, NADAVARAMBA,
DIST: IRRNJAL KUNDA,
KERALA STATE-680 121.
6.
ARVIND R. KALE,
AGE: MAJOR, OCC: REGD. OWNER
OF TRUCK NO.KA-25/4861,
KALA TRANSPORT,
R/O. AMARGOL, TALUK: HUBLI,
DIST: DHARWAD.
7.
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, KARWAR.
…RESPONDENTS
(BY SRI. J.S. SHETTY, ADVOCATE FOR R1 TO R4; SRI. G.N. RAICHUR, ADVOCATE FOR R7; NOTICE TO R5 & R6 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED:22/08/2014 PASSED BY THE ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL AT HONAVAR (ITINERARY
COURT AT BHATKAL), IN M.V.C.NO.125/2010 AND TO PASS
SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM:
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
No representation on appellant’s side on call. On 15.10.2015 following order was passed: “No representation on appellant’s side on call. The appeal is of the year 2014. However, to give fair opportunity to the appellant to pursue the matter, list on 30.10.2025. No further time will be granted.” Though such an order was passed, the appellant did not choose to pursue the appeal. Therefore this Court is of the view that there are no grounds to keep the appeal pending. Hence the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 18