High Court of Karnataka dismissed the Miscellaneous Appeal filed under Section 173(1) of the MV Act in a Motor Accident Claim case. The Court dismissed the appeal for non-prosecution as the appellant failed to appear or engage counsel despite service of notice.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.4053/2014 (MV)
BETWEEN:
MR. JAYANTH S/O LATE GIDDEGOWDA, AGED ABOUT 37 YEARS, OCC: COOLIE WORK, R/O TUDAKOOR VILLAGE, ALDUR HOBLI, CHIKMAGALUR-577 101
… APPELLANT
[BY SRI JAYANTH, APPELLANT(ABSENT)]
AND:
1 . MR.TIRUMALA S/O GOVINDARAJU, AGED ABOUT 30 YEARS, DRIVER OF TT NO.KA-18T8637, B.H.ROAD, ALDUR VILLAGE, ALDUR HOBLI, CHIKMAGALUR-577 101.
2 . MR. MARUTHI S/O PUTTASWAMY, MAJOR, REG.OWNER OF TT NO.KA-8T 8637, ALDUR VILALGE, BALEHONNUR ROAD, ALDUR HOBLI, CHIKMAGALUR-577 101.
2
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.12.2013 PASSED IN MVC.NO.545/2012 ON THE FILE OF II ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, CHIKMAGALUR, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS M.F.A. COMING ON FOR ORDERS THROUGH ‘VIDEO CONFERENCE’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The Court notice issued against the appellant was served
in person on 04.03.2020 itself. The appellant has not appeared
before this Court or engaged any advocate.
Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
cp*
1 issue framed by the court
Whether Miscellaneous Appeal filing under Section 173(1) of MV Act stands for dismissal due to lack of prosecution.
1 provisions across 1 enactments
Mr. Jayanth S/o Late Gidegowda
Mr. Tirumala S/o Govindaraju
Mr. Maruthi S/o Puttaswamy
Sriram General Insurance Company Ltd.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
