Appeal against a judgment and award in a motor vehicle accident claim was dismissed for non-prosecution as the appellant failed to appear or submit representation despite multiple listings.
Appeal dismissed for non-prosecution as the appellant did not appear or file any representation.
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:41486 MFA No. 409 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 409 OF 2019 (MV-I)
BETWEEN:
MR. SHIVAKUMAR H., AGED ABOUT 28 YEARS, S/O HUCCHAPPA, OCC: CEMENT MASON (GARE WORKER), R/O CHIKKABILAGUNJI, NEECHADI POST, HIREBILAGUNJI VILLAGE, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 431.
…APPELLANT
(BY SRI.S.N. NAIK, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:41486 MFA No. 409 of 2019
…RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R3 VIDE ORDER DATED 02.02.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.06.2018 PASSED IN MVC NO.349/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, SAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant. Service of
notice is not complete. When the matter is listed in the said caption as there was no representation, the matter was directed to be posted under the caption 'dismissal'.
When the matter was listed yesterday, there was no representation in the morning and therefore, it was passed over and the matter is taken up today. Today also there is no representation.
non-prosecution.
SD/JUDGE
RMS List No.: 1 Sl No.: 118 CT:SNN
MR. SHIVAKUMAR H.
GIRISH
SECRETARY, SAHYADRI MULTIPURPOSE ARECANUT GROWERS SALES CO-OPERATIVE SOCIETY
UNITED INDIA INSURANCE CO. LTD.
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
