The appeal was dismissed for non-prosecution due to the appellant's prolonged absence over 16 years and failure to evoke interest. The appeal against respondents 1, 2, and 4 was already dismissed by peremptory order.
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:868-DB MFA No. 1241 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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. 1241 OF 2016 (MV-I)
BETWEEN:
MALLIKARJUNA S/O. PARAMESHWAARAIAH, AGED ABOUT 42 YEARS, R/O. OLD HIRIYUR, BHADRAVATHI, SHIVAMOGGA DIST -577 301.
…APPELLANT
(BY SRI. MANJUNATHA PATTANASHETTY., ADVOCATE)
AND:
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
S/O. SYED SULTANA, AGED ABOUT 37 YEARS, R/O. KHAZI MOHALLA, II CROSS, OLD TOWN BHADRAVATHI, SHIVAMOGGA DISTRICT -577 301.
NC: 2024:KHC:868-DB MFA No. 1241 of 2016
OWNER OF TATA SUMO, BEARING NO. KA14 M 4478.
…RESPONDENTS
(BY SRI.H.C. VRUSHABHENDRAIAH., ADVOCATE FOR R3 V/O/DATED: 08/01/2024 APPEAL AGAINST R1, R2, R4 IS DISMISSED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 30.09.2013 PASSED IN MVC NO.275/2007 ON THE FILE OF THE C/c PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL AND MACT-11 AT BHADRAVATHI, 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., MADE THE FOLLOWING:
ORDER
Called again in the afternoon.
through video conference.
Sd/JUDGE
Sd/-
JUDGE
Sk/-
List No.: 1 Sl No.: 9
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution?
1 provisions across 1 enactments
MALLIKARJUNA S/O. PARAMESHWAARAIAH
SHEIK MASTANA
FAYAZ S/O. SYED SULTANA
THE ORIENTAL INSURANCE CO.
MOHAMMED HUSSAIN S/O. NOT KNOWN
H.B. PRABHAKARA SASTRY
RAMACHANDRA D. HUDDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
