In Miscellaneous First Appeal No. 21708 of 2012, the High Court of Karnataka dismissed the appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, for non-prosecution as appellants failed to appear or engage counsel despite notice and time granted.
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.
MFA No. 21708 of 2012
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 21708 OF 2012 (MV)
BETWEEN:
2.. SMT KASHIMBI W/O IMAMSAB SHABAR, AGE: 52 YEARS, OCC: HOUSEHOLD WORKS,
3.. KUM GULASHAN D/O IMAMSAB SHABAR, AGE: 24 YEARS, OCC: HOUSEHOLD WORKS,
4.. KUMAR MOULASA S/O IMAMSAB SHABAR, AGE: 21 YEARS, OCC: NIL.
5.. KUMARI SHABANA D/O IMAMSAB SHABAR, AGE: 16 YEARS, OCC: NIL ALL ARE R/O: SAUNDATTI, DIST: BELGAUM. …APPELLANTS
(APPELLANTS ABSENT)
JMAMATHA Digitally signed byJ MAMATHALocation: DharwadDate: 2022.09.05 AND: 14:43:23 +05301. DADESAB S/O DAWALSAB SANNAKKI, AGE: 44 OCC: BUSINESS,R/O SAUNDATTI, DIST: BELGAUM. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE BELGAUM DIVISION, RAMDEV GALLI, BELGAUM.. …RESPONDENTS
MFA No. 21708 of 2012
(BY SRI.M.K.SOUDAGAR, ADV. FOR R2, R1: DADESAB, SD)
THIS APPEAL IS FILED UNDER SECTION 173 (1) OF M.V. ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 21.09.2010 PASSED IN MVC No.3104/2006 ON THE FILE OF THE MEMBER, ADDL. MACT, SAUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court vide order dated 10.08.2022 permitted the counsel on record to retire from the case as the counsel had given notice to the parties and appellants 1 and 2 were served and in spite of service of notice, they had not engaged the counsel. However, one more opportunity was given to the appellants to appear personally or engage the counsel.
MFA No. 21708 of 2012
appeal will be dismissed for non-prosecution, the appellants
have not engaged any counsel or appeared before the Court.
Hence, the appeal is dismissed for non –prosecution.
(Sd/-) JUDGE
JM List No.: 1 Sl No.: 27
Khatunbi W/o Moulasab Shabar and others
Dadesab S/o Dawalsab Sannakkil
The Divisional Manager, National Insurance Co. Ltd.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
