A 2015 motor accident compensation appeal was called for admission twice but the appellant was absent both in person and via video conferencing. With no representation after nearly nine years pending, the court concluded the appellant was not interested and dismissed the appeal.
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NC: 2024:KHC:9233 MFA No. 3270 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.3270 OF 2015(MV-I)
BETWEEN:
C.S.HARISH S/O CHANNAYA GOWDA, AGED ABOUT 29 YEARS, R/AT NO.45, 7TH CROSS, 3RD MAIN, 2ND BLOCK, NANDINI LAYOUT, BANGALORE-91. PERMANENT ADD: NO.1, KARIDEVARAKERE, SHIMOGGA.
…APPELLANT
(BY SRI. KALYAN.R., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B.C.SHIVANNE GOWDA., ADVOCATE FOR R1; NOTICE TO R2-DISPENSED WITH V/O DATED:05.07.2016)
NC: 2024:KHC:9233 MFA No. 3270 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 12.11.2014 PASSED IN MVC NO.2083/2013 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing.
As could be seen from the appeal papers, the appeal is filed in the year 2015. Now we are in the month of March 2024. The appeal is pending for almost nine years.
As already noted above, though matter called twice, there is no representation on behalf of the 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 nonprosecution.
Sd/JUDGE
MRP List No.: 1 Sl No.: 31
1 provisions across 1 enactments
C.S. Harish
Sriram General Insurance Co. Ltd.
Alla Bakash
Jyoti Mulimani
As recorded by the court registry
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