Appeal against a motor accident compensation award was dismissed for non-prosecution after counsel reported inability to get instructions from the appellant and non-deposit of the ordered 50% of the award amount.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1721 OF 2022(MV-D)
BETWEEN:
SMT. BHARATHI W/O. V. K. JAYARAMU, AGED 52 YEARS, R/AT NO.32, 3RD MAIN ROAD, MOUNT JOY EXTENSION, HANUMANTHA NAGAR, BANGALORE - 560 019. AND ALSO R/AT: NO.249, 13TH MAIN, 2ND CROSS, BSK 1ST STAGE, BENGALURU - 560 050.
…APPELLANT
(BY SRI. SHIVASHANKAR, ADVOCATE FOR SRI. PRAKASH M. H.,ADVOCATE)
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI. K. P. BHUVAN,ADVOCATE FOR R1 AND R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.12.2021 PASSED IN MVC NO.936/2019 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4 AWARDING COMPENSATION OF RS.14,40,200/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Sri.Shivashankar representing Sri.Prakash.M.H. learned counsel on record for the appellant submits that they could not get any instructions from the appellant for proceeding with the appeal. Learned counsel also states that the appellant has not deposited 50% of the award amount as ordered by this Court.
Having considered the submission thus made that the appellant is not evincing any interest in the appeal, the appeal stands dismissed for non-prosecution.
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
DS List No.: 1 Sl No.: 30
1 provisions across 1 enactments
Smt. Bharathi W/o. V. K. Jayaramu
Sri. Ramavath Laxme Ram Naik
Sujatha Bai, D/o Ram Naik
Chillakur Sumalatha
As recorded by the court registry
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