The High Court of Karnataka dismissed the Misc. First Appeal filed by an appellant in a motor accident case due to non-prosecution. The appellant failed to appear without representation, leading to the appeal being declared stale and disposed of.
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NC: 2023:KHC:41585-DB MFA No.8064/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2023 PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.8064/2017 (MV-I)
BETWEEN:
SRI.GIRIDAR M S/O M LINGAIAH AGED ABOUT 35 YEARS OCC: PLUMBER R/AT NO.37, JAYANAGAR BANGALORE – 560 004 …APPELLANT
(BY SRI. S S MULIMANI, ADVOCATE (ABSENT)) AND:
Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka
NO.27/11A, PALANISWAMY STREET S P PUDUHUR, NAMAKAL DISTRICT SALEM, TAMIL NADU DISTRICT – 637 001
NC: 2023:KHC:41585-DB MFA No.8064/2017
APPANALLUR THOTTIYAM TALUK TRICHY DISTRICT LORRY DRIVER TEMPO ADDRESS SHANTHI DS MUSIRI
(BY SRI.LAKSHMI NARASAPPA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R1; SRI.H.C.BESTUR, ADVOCATE R4; R3 & R5 SERVED AND UNREPRESENTED; APPEAL AGAINST R2 STANDS DISMISSED V/C/O DTD: 07.11.2023)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.12.2016 PASSED IN MVC NO.6496/2011 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, K.S.MUDAGAL J. , DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant.
NC: 2023:KHC:41585-DB MFA No.8064/2017
The records show that even during three hearing dates there was no representation for the appellant. Therefore, appeal against respondent No.2 was dismissed. It appears that the appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non-prosecution.
Sd/JUDGE
Sd/JUDGE
PKN
List No.: 1 Sl No.: 9
Sri Giridar M S/o M Lingaiah
The Manager, The Oriental Insurance Company Limited
Sri Parag Maharishi S/o M M Maharishi
Sri Thangadurai P S/o P Unuswamy A
The Manager, Reliance General Insurance Company Limited
Sri R Natarajan S/o Rangaswamy
K.S. Mudagal
K V Aravind
As recorded by the court registry
3 orders share this CNR
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