Motor accident compensation appeal seeking enhancement of the MACT award. The appellants' counsel was absent, office objections were not complied with despite prior opportunity, and the appeal was dismissed for default.
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MFA No. 1921 of 2020 NC: 2024:KHC:17933
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
M.F.A NO. 1921 OF 2020 (MV-D)
BETWEEN:
S/O V SHIVASWAMY AGED ABOUT 51 YEARS RESIDING AT NO.23 1ST B MAIN ROAD, SHIVANAHALLI RAJAJI NAGAR, BENGALURU - 560 010
W/O K N NAGESH AGED ABOUT 47 YEARS RESIDING AT NO.6, 7TH CROSS HUCHHAPPA LAYOUT, NAGARABHAVI BENGALURU - 560 072
…APPELLANTS
(BY SRI. M. N. PRABHAKARA, ADVOCATE - ABSENT)
Digitally signed by REKHA R Location: High Court of Karnataka
AND:
…RESPONDENTS
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.09.2019 MADE IN MVC NO.6503/2018 ON THE FILE OF THE HON'BLE IX SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU AND MODIFY THE JUDGMENT AND AWARD AND FURTHER ORDER THE 2ND RESPONDENT TO DEPOSIT THE ENHANCED AMOUNT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
No representation for appellant.
No representation for appellant even in the afternoon session.
Vide order dated 14.03.2024, two weeks time was granted to comply with the office objections, failing which the matter would be dismissed for default. Despite the same, office objections are not complied with.
Hence, appeal is dismissed for default for non compliance of office objections.
Sd/JUDGE
RR List No.: 1 Sl No.: 18
1 provisions across 1 enactments
S Nagaraja
Bhramaramba
Bharath S S
Bajaj Allianz General Insurance Company Limited
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
