Kum. Padmavathi @ Padma D/O. Honnal ... vs Mr. G Ravikumar S/O. Raghavaiah on 27 March, 2013

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Karnataka High Court

Kum. Padmavathi @ Padma D/O. Honnal ... vs Mr. G Ravikumar S/O. Raghavaiah on 27 March, 2013

Bench: B.Sreenivase Gowda

                           1




          IN THE HIGH COURT OF KARNATAKA
             CIRCUIT BENCH AT DHARWAD
       DATED THIS THE 27TH DAY OF MARCH 2013

                        BEFORE

     THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA

              MFA No. 20564/2012 (MV)

BETWEEN

KUM. PADMAVATHI @ PADMA
D/O HONNAL HANUMANTHAPPA,
AGE: 25 YEARS, OCC: COOLIE,
R/O KAKBAL VILLAGE, TQ. HOSPET,
DIST. BELLARY.
                                          ... APPELLANT
(BY SRI. B.C.JNANAYYA SWAMI, ADV)

AND

1.     MR. G. RAVIKUMAR S/O. RAGHAVAIAH
       OCC: OWNER OF THE LORRY
       R/O DOOR NO. 41/1/1/24A,
       MOGALRAJPURAM, VIJAWADA, A.P.

2.     M/S ORIENTAL INSURANCE CO. LTD.,
       D.O. 2, POST BOX NO. 782,
       SIDDARTHE WOMEN'S COLLEGE ROAD,
       VIJAYAWADA, A.P.

2.     NADIGARA KONDAIAH S/O. N. KONDAIAH
       OCC: AGRICULTURE AND OWNER OF THE
       TRACTOR AND TRAILOR,
       R/O MRUTHUNJAYANAGAR, HOSPET,
       DIST. BELLARY.
                                      ... RESPONDENTS
                              2




     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND
AWARD DATED 10.10.2008 PASSED IN MVC NO. 133/2004
ON THE FILE OF THE PRL. CIVIL JUDGE (SR. DN.) AND
JMFC, HOSPET, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                    JUDGMENT

This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Along with the appeal, an application i.e., I.A.1/2012 is filed under Section 5 of the Limitation Act to condone delay of 1098 days in filing the appeal.

2. The Tribunal by impugned judgment and award dated 10.10.2008 has awarded compensation of 6,000/- with interest at 6% p.a. The appellant applied for the certified copy of the said judgment of the Tribunal on 17.10.2008 and secured the same on 06.11.2008 and preferred this appeal on 31.1.2012 i.e., after 3 years. There is inordinate delay of 1098 days in filing the appeal. 3

3. The reasons stated by the appellant in his affidavit filed in support of delay application are neither bonafide nor genuine nor satisfactory. There are no valid reasons to condone the inordinate delay of 1098 days in filing the appeal. Hence, the appeal is liable to be dismissed on the ground of delay.

4. Even otherwise for the three simple injuries sustained by the appellant in a road traffic accident occurred on 12.11.2003, the compensation of Rs.6,000/- awarded by the Tribunal is found to be just and proper and there is no scope for enhancement.

5. Accordingly the appeal is dismissed both on the ground of delay as well as on merit.

No order as to costs.

Sd/-

JUDGE DM/-

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