The High Court of Karnataka dismissed an appeal non-prosperously (sic) due to the appellant's absence for two successive hearings and lack of representation, indicating a lack of interest in prosecuting the matter.
The appeal is dismissed for non-prosecution.
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.
NC: 2023:KHC:43290 MFA No. 2084 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2084 OF 2017 (MV-I)
BETWEEN:
BASAVARAJAPPA H.M, S/O MUNIYAPPA M, AGED ABOUT 64 YEARS, R/A ECHANUR VILLAGE, TIPTUR TALUK, TUMKUR DISTRICT.
…APPELLANT
(BY SRI. LAKSHMI KANTH K, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:43290 MFA No. 2084 of 2017
TUMKUR DISTRICT - 572 011, (DRIVER OF TEMPO).
SINCE DEAD BY LRS,
4(A). H. A PRASAD, S/O LATE ANANTHASUBBARAYA, AGED ABOUT 69 YEARS, RESIDING AT HULIYAR TOWN, C.N HALLI TALUK, TUMKUR DISTRICT - 560 012.
…RESPONDENTS
(BY SRI. NAGENDRA SHETTY, ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.12.2016 PASSED IN MVC NO.548/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING COMPENSATION OF RS.46,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal of the year 2017. As per the office
objection, 50% of the award amount is not deposited and
NC: 2023:KHC:43290 MFA No. 2084 of 2017
even the steps are not taken for service of notice to respondent Nos.2 to 5.
was no representation on behalf of the appellant. Hence, this matter was directed to be listed for today. Today also, there is no representation. Having filed an appeal in the year 2017 and obtained an interim order, till now no steps are taken and also there is no representation. It appears that the appellant has no interest to prosecute the matter.
prosecution.
SD/JUDGE
MEG List No.: 1 Sl No.: 75 CT: BHK
1 provisions across 1 enactments
BASAVARAJAPPA H.M
JAYANNA
UNITED INDIA INSURANCE CO. LTD.
D.R. MAHALINGAIAH
H.A. PRASAD
THE ORIENTIAL INSURANCE COMPANY LTD.
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
