A first appeal against a motor vehicle claim judgment was dismissed for non-prosecution as the appellant failed to appear or be represented before the Court on the date of hearing.
Appeal 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4162 OF 2012(MV-D)
BETWEEN:
S/O LATE D. RAMASWAMY, AGED ABOUT 61 YEARS.
BOTH ARE R/O NO.2202, NORTHERN EXTENSION, SALAGAME ROAD, HASSAN - 573 201.
…APPELLANTS
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
(BY SRI. SUMANTH L.B., ADVOCATE(NO REPRESENTATION)
AND:
NC: 2023:KHC:37657 MFA No. 4162 of 2012
NO.9, ULSOOR ROAD, BANGALORE - 560 062.
…RESPONDENTS
(BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; R1 - NOTICE IS DISPENSED WITH VIDE ORDER DATED 08.07.2020)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.08.2011 PASSED IN MVC NO.289/2009 ON THE FILE OF THE MEMBER, ADDITIONAL MACT, HASSAN, 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
On 16.08.2022 this Court had directed the learned counsel for the appellant to serve the copy of the appeal on the learned counsel for the Insurance Company. It is submitted by the learned counsel that no papers are served on him.
NC: 2023:KHC:37657 MFA No. 4162 of 2012
appears that the appellant is not interested to pursue the matter. Accordingly, the appeal is dismissed for non-
prosecution.
SD/JUDGE
KBM List No.: 1 Sl No.: 17 CT:SNN
Smt. H.S. Manjula
D.R. Prakash
S. Muruges
Regional Manager Claims Cholamandlam MF General Insurance Co. Ltd.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
