Motor accident compensation appeal dismissed for non-prosecution: appellant failed to appear and did not pay process fee for four months to enable notice to respondent No.1, indicating lack of interest in prosecuting the appeal.
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NC: 2024:KHC:8840 MFA No. 3052 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.3052 OF 2015(MV-I)
BETWEEN:
SMT. VINOD.S.PATIL W/O PATIL.C.S. AGED ABOUT 56 YEARS, HOUSEHOLD AND BUSINESS, R/O NEHRU NAGAR, 3RD CROSS, HOLALKERE ROAD, CHITRADURGA CITY, CHITRADURGA.
…APPELLANT
(BY SRI. KIRAN KUMAR.H., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
CHITRADURGA CITY, CHITRADURGA.
…RESPONDENTS
(BY SRI. H.S.LINGARAJU., ADVOCATE FOR R2)
NC: 2024:KHC:8840 MFA No. 3052 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 16.10.2014 PASSED IN MVC NO.125/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called there is no representation on behalf of appellant, either personally or through video conferencing.
The captioned appeal was listed on 18.11.2023, on that day, taking note of the submission that needful has been done, this Court directed the office to verify and issue notice to respondent No.1.
The appeal is listed today. A perusal of the office note depicts that the process fee is not paid to enable the office to issue notice to respondent No.1. It's been almost four months, the appellant has not made any efforts to pay the process fee to issue notice to respondent No.1.
NC: 2024:KHC:8840 MFA No. 3052 of 2015
As already noted above, when the matter is called there is no representation on behalf of appellant, either personally or through video conferencing. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Miscellaneous First Appeal is dismissed for non-prosecution and also for noncompliance of office objection.
Sd/JUDGE
MRP List No.: 1 Sl No.: 3
1 provisions across 1 enactments
Smt. Vinod S. Patil
Sri. Manjunath Singh
The Branch Manager, Future General Insurance Co. Ltd.
Jyoti Mulimani
As recorded by the court registry
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