In a_default_ appeal filed under Section 173(1) of the Motor Vehicles Act against a Compensation Award, the High Court of Karnataka dismissed the appeal. The court noted the appellant was absent and the matter had been pending since 2008.
The appeal was dismissed for default due to the appellant's absence and insufficient address.
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 9TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.NO.5315 OF 2008 (MV)
BETWEEN:
N RADHAKRISHNA KAMATH S/O N VITTAL KAMATH AGED ABOUT 66 YEARS R/AT NO 41, VITTALA NILAYA 2ND A MAIN, AECS LAYOUT II STAGE, NAGASHETTIHALLI BANGALORE-560094. … APPELLANT
(BY SRI R CHANDRASHEKAR, ADVOCATE - ABSENT)
AND:
1 . P RAJENDRAN AGE NOT KNOWN S/O GOPALA MANDADI NO 191 NEW BEL ROAD OPP MSR HOSPITAL DEVESANDRA BANGALORE-94
2 . HDFC CHUBB GEN INS CO LTD NO 302, EMBASSY CLASSIC III FLOOR, NO.11, VITTAL MALLYA ROAD BANGALORE-560001
... RESPONDENTS
(BY D VIJAYA KUMAR, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 30.10.2018)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED 6/6/2007 PASSED IN MVC NO.6449/04 ON THE FILE OF THE MEMBER, MACT,
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METROPOLITAN AREA, BANGALORE (SCCH.5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant is absent. The
matter is of the year 2008.
This Court on 11.04.2022 had ordered that notice sent to the appellant has been returned with endorsement as "Insufficient Address".
This Court had ordered learned counsel to keep the appellant present before this Court but not present. Therefore in view of this and considering the matter being pending since the year 2008, this appeal is dismissed for
default.
Sd/-
JUDGE
AKV
1 issue framed by the court
Whether the appellant's default appeal filed under Section 173(1) of the Motor Vehicles Act should be allowed when the appellant was absent and the address was insufficient.
1 provisions across 1 enactments
N RADHAKRISHNA KAMATH
P RAJENDRAN
HDFC CHUBB GEN INS CO LTD
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
