In a miscellaneous first appeal under the Motor Vehicles Act, the High Court dismissed the appellant's appeal for non-prosecution and absence, noting no representation was filed despite notice.
Appeal dismissed for non-prosecution due to 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, BENGALURU DATED THIS THE 18TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE P.N.DESAI
M.F.A. NO.2461 OF 2014 (MV)
BETWEEN:
SMT.VENKATAMMA W/O LATE KRISHNAPPA, AGED ABOUT 45 YEARS, R/O OLD M.C.ROAD, SHANKARAPURA, NEAR SHANDY,
MANDYA CITY-571402. ...APPELLANT
(SMT.VENKATAMMA;COURT NOTICE SERVED ON APPELLANT AND APPELLANT -ABSENT) AND:
(NOTICE TO R1 DISPENSED WITH V/O/DTD:21.01.2015)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED: 23.11.2012 PASSED IN MVC NO.139/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM
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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation for the appellant. It is seen
that court notice was served on the appellant on 11.08.2016.
Inspite of number of adjournments given, there is no representation for the appellant. The quantum of compensation amount awarded by the tribunal is only Rs.20,000/-. Therefore, no purpose would be served by keeping this case pending.
Therefore, the appeal is dismissed for non-prosecution.
Sd/- JUDGE
JS/-
1 issue framed by the court
Whether the appeal filed against the tribunal award on compensation can be allowed in the absence of the appellant.
1 provisions across 1 enactments
Smt. Venkatamma W/o Late Krishnappa
United India Insurance Co.
P.N. Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
