In this miscellaneous first appeal under the Motor Vehicles Act, the appellant failed to appear nor file an application for substituted service as directed vide earlier order dated 03.11.2023. Consequently, the High Court dismissed the appeal for default.
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:40524 MFA No. 2327 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.2327 OF 2018 (MV-I)
BETWEEN:
SMT. BHAGYA, WIFE OF HANUMANTHARAJ, AGED ABOUT 43 YEARS, PRESENTLY AT NO. 293, DODDABETTAHALLI EXTENSION, VIDYARANYAPURA POST, BENGALURU.
…APPELLANT
(BY SRI. DEVARAJA L, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:40524 MFA No. 2327 of 2018
…RESPONDENTS
(BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R3; SERVICE OF NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED 01.06.2018)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2017 PASSED IN MVC NO.4533/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDE, & XX ACMM, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court vide order dated 03.11.2023 directed the learned counsel for the appellant to file an application for substituted service and also serve a copy of the appeal memo on the learned counsel for respondents. If the same is not done, the appeal will be dismissed on that ground.
NC: 2023:KHC:40524 MFA No. 2327 of 2018
appellant is present nor an application is filed for
substituted service. Accordingly, the appeal is dismissed .
SD/JUDGE
ABK
1 issue framed by the court
Whether the Miscellaneous First Appeal filed under Section 173(1) of MV Act should be maintained in absence of appellant and substituted service application.
1 provisions across 1 enactments
Smt. Bhagya
Mr. Manjunath R
Mrs. Rohini T.H
Regional Manager, M/s. Reliance Gen. Ins. Co. Ltd.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
