The High Court of Karnataka dismissed Motor Accident Appeal No. 1164 of 2013 for non-prosecution. The appellant, served with notice for retirement proceedings in June 2018, failed to appear despite sufficient time, leading the court to conclude he was not interested.
The appeal was dismissed for non-prosecution due to the appellant's absence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE M.I.ARUN
MFA NO.1164 OF 2013 (MV)
BETWEEN :
MR. SHANKARAPPA S/O SAGANAIAH AGED ABOUT 34 YEARS AGRICULTURIST KEB METER READER KELAGOORU VILLAGE ALDUR HOBLI CHIKMAGALUR … APPELLANT
(BY SRI.SHANKARAPPA, APPELLANT [ABSENT])
AND :
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TROLLY MEC 5309 R/O GE THIPPAIAH PALYA COFFEE PLANTER GUDDAMANE ESTATE ALDUR POST, CHIKMAGALUR-575 001
… RESPONDENTS
(BY SRI.VIGHNESHWAR S. SHASTRI, ADV. FOR R1 AND R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.10.2012 PASSED IN MVC NO.241/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER, MACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
By order dated 01.06.2018, memo for retirement filed by the Counsel for the appellant is accepted and notice was issued to the appellant. He has been duly served on 27.06.2018 itself. In spite of due service of notice, the appellant has remained absent.
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appeal stands dismissed for non-prosecution.
Sd/JUDGE
hkh.
Shankarappa
Rajappa
G.E. Thipphaiah
M.I. Arun
As recorded by the court registry
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