The High Court of Karnataka dismissed a miscellaneous first appeal filed under Section 173(1) of the Motor Vehicles Act for non-prosecution, noting the appellant's consistent failure to appear despite prior adjournments for process fees.
The miscellaneous first appeal was 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:44643 MFA No. 7703 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. 7703 OF 2019 (MV-D)
BETWEEN:
SRI. T. M. SREEDHARA, S/O. LATE MADAPPA GOWDA, AGED ABOUT 52 YEARS,
R/AT 40-18, TATTEKERE, HONAKER HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 401.
SMT. SHAHSHI D.R., W/O. T. M. SREEDHARA, AGED ABOUT 47 YEARS,
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
R/AT 40-18, TATTEKERE, HONAKER HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 401.
…APPELLANT
(BY SRI. VENKATESH.,ADVOCATE (ABSENT) )
AND:
NC: 2023:KHC:44643 MFA No. 7703 of 2019
BESIDE ST. MARKS HOTEL, BANGALORE - 560 001.
…RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED PASSED IN MVC NO. 6681/2017 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), 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
In an appeal of the year 2019, even till now the process is not paid for the first time to send the notice to the respondent. This matter came up on 01.06.2022 and 09.06.2022 and the same was adjourned for paying the process. On 07.12.2023, when this matter came up
NC: 2023:KHC:44643 MFA No. 7703 of 2019
before this Court, there was no representation on behalf of the appellant and the matter was directed to be listed under the caption for dismissal on 08.12.2023. Today also there is no representation on behalf of the appellant. It appears that the appellant is not interested to pursue the matter.
prosecution.
SD/JUDGE
MEG List No.: 1 Sl No.: 56
SRI. T. M. SREEDHARA AND SMT. SHAHSHI D.R.
THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD.
MR. JAYALINGAIAH
LALITHA KANNEGANTI
As recorded by the court registry
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