In Motor Vehicles First Appeal No. 7190 of 2019, the Hon'ble High Court of Karnataka dismissed the appeal filed under Section 173(1) of the MV Act for non-prosecution, noting the appellant's absence and failure to comply with office objections despite five opportunities.
Directive to dismiss the appeal 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:26137 MFA No. 7190 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 7190 OF 2019 (MV-D)
BETWEEN:
H. S. VEERABHADRAIAH, S/O. SHANMUKHAIAH, MAJOR, AGED ABOUT 47 YEARS, SANTHE ROAD, MALEBENNUR, HARIHARA TALUK, OWNER OF LORRY NO.KA - 17/8193.
…APPELLANT
(BY SRI. REVANNA BELLARY, ADVOCATE (ABSENT))
AND:
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
NC: 2023:KHC:26137 MFA No. 7190 of 2019
JIGALI ROAD, MALEBENNUR, HARIHAR TALUK.
…RESPONDENTS
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.25.07.2005 PASSED IN MVC NO.80/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN), MACT, HARIHAR, AWARDING COMPENSATION OF RS.2,64,600/- WITH INTEREST AT 6 PER CENT P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC,.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant. Office objections are not complied even after affording five opportunities. Therefore, it seems that appellant is not interested in prosecuting the appeal.
NC: 2023:KHC:26137 MFA No. 7190 of 2019
Hence, appeal is dismissed for non-Prosecution.
Sd/JUDGE
KBM List No.: 1 Sl No.: 7 CT: AVB
1 issue framed by the court
Whether the appeal filed under S. 173(1) of the MV Act should be allowed when the appellant failed to prosecute after affording five opportunities.
1 provisions across 1 enactments
H. S. VEERABHADRAIAH
Digitally signed by T S NAGARATHNA
HANUMANTHAPPA
THE MANAGER, THE ORIENTAL INSURANCE CO. LTD.
SMT. PUSHPA @ GOWRAMMA
SHRUTHI @ MEGHA
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
