The High Court of Karnataka dismissed an appeal filed under Section 173(1) of the Motor Vehicles Act by default. The court had previously granted two weeks to file office objections; failing compliance, the appeal was dismissed on its own merits.
Appeal dismissed for default due to non-compliance with time limit to file office objections.
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 10TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
M.F.A.NO.1292/2018 (MV)
BETWEEN:
SYED MUSHRAF S/O SYED SAYEED AGED ABOUT 28 YEARS RESIDENT OF WARD NO.18, OLD MASJID MOHALL MAGADI TOWN, MAGADI TALUK 562120 RAMANAGAR DISTRICT
… APPELLANT
(BY SRI. CHETHAN B., ADVOCATE)
AND:
2 . THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED OFFICE AT NO.9, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M G ROAD BANGALORE 560001
...RESPONDENTS (NOTICE NOT ORDERED IN R/O RESPONDENTS)
2
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2017 PASSED IN MVC NO.2914/2016 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, AND MEMBER MACT, BENGALURU, AWARDING COMPENSATION OF RS.1,41,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
As per order dated 16.07.2019, two weeks time was granted to comply office objections, failing which it was ordered that appeal stands dismissed on its own.
In view of the above, appeal is dismissed for default.
Sd/JUDGE
RR
1 issue framed by the court
Whether the appeal stands dismissed for default due to failure to comply with office objections.
1 provisions across 1 enactments
Syed Mushraf
Vasanth Kumar B R
The Manager, The New India Assurance Company Limited
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
