Appeal under Section 173(1) of the Motor Vehicles Act seeking enhancement of motor accident compensation. Despite eight opportunities, appellants' counsel failed to comply with office objections and pay imposed costs. The appeal was dismissed for non-compliance and 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: 2024:KHC:2235-DB MFA No. 1018 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 1018 OF 2023 (MV-D)
BETWEEN:
AGED ABOUT 52 YEARS, S/O MARIRANGE GOWDA, R/O NINGEGOWDANAKOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-18.
AGED ABOUT 47 YEARS, W/O GIDDE GOWDA,
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
R/O NINGEGOWDANAKOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-18.
R/O NINGEGOWDANAKOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-18.
…APPELLANTS
(BY SRI. R CHIDANANDA MURTHY., ADVOCATE)
NC: 2024:KHC:2235-DB MFA No. 1018 of 2023
AND:
NARAYANASWAMY AGED ABOUT 40 YEARS, R/O HOUSE NO.1955, NEAR MANJUNATHA FLOORMILL, BASATTIKOPPALU, HASSAN, HASSAN DISTRICT-18.
…RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.06.2022 PASSED IN MVC NO.986/2020 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT, HASSAN, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:
ORDER
Called again in the afternoon.
again remained absent.
that inspite of granting several and sufficient opportunities of not less than eight times, the learned counsel for the appellants has not complied the office objections.
NC: 2024:KHC:2235-DB MFA No. 1018 of 2023
"Even in the afternoon session, none appears.
Though six adjournments have been granted for compliance of office objections, office objections are not complied with. The appeal deserves to be dismissed for noncompliance of office objections. However, in the interest of justice, one more opportunity is granted to the appellants to comply with the office objections subject to appellants paying cost of Rs.500/- in the Legal Services Committee, High Court of Karnataka, Bengaluru within a week.
List next week."
learned counsel for the appellants has not filed any memo along with receipt showing the payment of the cost as ordered above. Further, the office objections have remained not complied.
NC: 2024:KHC:2235-DB MFA No. 1018 of 2023
Sd/JUDGE
Sd/JUDGE
Sk/List No.: 1 Sl No.: 16
1 issue framed by the court
Whether the appeal should be dismissed for repeated non-compliance with office objections and non-prosecution by the appellants' counsel.
1 provisions across 1 enactments
Giddegowda
Nanjamma
Dharmaraju
Narayanaswamy
H.B.Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
