The High Court of Karnataka dismissed the miscellaneous first appeal filed by a Motor Accidents Claim for non-prosecution, noting the appellant failed to appear or take steps for notice service.
Miscellaneous First Appeal No. 2639 of 2019 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:44631 MFA No. 2639 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2639 OF 2019 (MV-I)
BETWEEN:
SRI. SHABAZ SHARIFF, AGED ABOUT 25 YEARS, S/O SAMIULLA SHARIFF, R/AT NO.322/2, OLD MADRAS ROAD, BABA LINE, DOORVANI NAGAR, BANGALURU - 560 016
…APPELLANT
(BY SRI. SANTHOSH B L.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.09.2018 PASSED IN MVC NO.4200/2017 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MEMBER, MACT, BENGALURU [SCCH-20], MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 28.11.2023, as there was no representation, this
Court had directed the matter to be listed under the caption for dismissal on 29.11.2023. On 29.11.2023, this Court had directed the matter to be listed on 08.12.2023 and by that time, if the steps are not taken, the appeal shall stand dismissed. Today, there is no representation on behalf of the appellant. This is an appeal of the year 2019, so far the steps are not taken for service of notice on the respondents. It appears that the appellant is not interested to pursue the matter.
NC: 2023:KHC:44631 MFA No. 2639 of 2019
prosecution.
SD/JUDGE
MEG List No.: 1 Sl No.: 50
SRI. SHABAZ SHARIFF
M/S. ICICI LOMBARD GIC LTD.
MR. N VELUSWAMY
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
