This Single Judge dismissed an appeal filed under Section 173(1) of the MV Act by default. The appellant failed to deposit the conditional cost of Rs. 3,000 for condoning a 970-day delay within the prescribed period.
Appeal dismissed for default due to failure to deposit Rs. 3,000 towards costs within the extended period.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
M.F.A.NO.4363/2015 (MV)
BETWEEN:
KUM. FATHIMA D/O A.N.UMMAR MUSLIYAR, AGED ABOUT 19 YEARS, R/O 1.99 (4), SHAHIDA MANZIL, KURSUGUDDU HOUSE, KATAWAR POST AND VILLAGE, BAJPE, MANGALORE – 575 001
… APPELLANT
(BY SRI KARUNAKAR P, ADVOCATE)
AND:
...RESPONDENTS
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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 6/11/2014 IN MVC No.527/2013 PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL AND IVTH ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALORE. IN SO FAR AS THE DISALLOWED PORTION OF THE CLAIM IS CONCERNED AND ALLOW THE ABOVE APPEAL AND ETC.,
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal came to be dismissed on 20.06.2016 as per the peremptory order dated 27.11.2015. However, vide order dated 17.09.2019, the said order was recalled and delay of 970 days was condoned, subject to payment of cost of Rs.3,000/to the Legal Services Authority and that appellant/claimant is not entitled for interest for the delay period.
Even after expiry of 2 years 5 months, the appellant/claimant has not deposited the cost of Rs.3,000/- to the Legal Services Authority.
In view of the same, appeal is dismissed for default.
Sd/JUDGE
RR
Kum. Fathima
Mr. Dayananda Nayak
Branch Manager, The Reliance General Insurance Co. Ltd.
J.M. Khazi
As recorded by the court registry
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