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Chanda Pasha Vs Sri Umesh — Motor Accident Claims | Karnataka HC (2024)

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Karnataka HC
2024
Chanda Pasha Vs Sri UmeshChanda Pasha v. Sri Umesh

Dismissed

Chanda Pasha v. Sri Umesh

Karnataka HC1 Apr 2024MFA/4338/2014

Case brief

AI extract

What is this about?

Motor vehicle accident appeal dismissed for non-prosecution as the appellant repeatedly failed to appear or pursue the matter.

What the court decided

AI extract

A

1 -

NC: 2024:KHC:13179 MFA No. 4338 of 2014

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF APRIL, 2024

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.4338 OF 2014(MV-I)

BETWEEN:

CHANDA PASHA S/O SYED AMEED, AGED ABOUT 36 YEARS, RESIDENT OF KARTHLU VILLAGE, K.R.NAGAR TALUK, MYSORE DISTRICT.

…APPELLANT

(BY SRI. N.KUMAR., ADVOCATE [ABSENT])

AND:

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

Statutes considered

1 provisions across 1 enactments

AI extract

Motor Vehicles Act, 1988173(1)

Parties & counsel

AI extract

appellant
Chanda Pasha
respondent
Umesh
respondent
The Divisional Manager, United India Insurance Company Limited

Coram

AI extract

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Apr 2024 · April
Registered: 25 Jun 2014
Case no.: MFA/4338/2014

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Cite this judgement

Chanda Pasha v. Sri Umesh, MFA/4338/2014 (KA), decided on 1 April 2024.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Motor Vehicles Act, 1988173(1)

View all statutes

Bench / Coram

Jyoti Mulimani

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award. The appellant was unrepresented on two consecutive listings with no appearance personally or through video conferencing; the court inferred lack of interest in prosecuting the appeal and dismissed it for non-prosecution. The order decides no question of law and grants no relief.

A compact analysis

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.

SRI. UMESH S/O VENKATASHETTY, AGED ABOUT 42 YEARS, R/AT NO. 105, KOTHAVALLI VILLAGE, PERIYAPATNA TALUK, MYSORE DISTRICT. (OWNER OF THE M/C BEARING REGISTRATION NO. KA 25 X 1601.

THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, D.O.I., BALLAL CIRCLE, MYSORE.

…RESPONDENTS

(R1-SERVED AND UNREPRESENTED; BY SRI. K.SHRISHAILA., ADVOCATE FOR R2)

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NC: 2024:KHC:13179 MFA No. 4338 of 2014

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:01.02.2013 PASSED IN MVC NO.5/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, K.R.NAGAR.

THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

When the matter is called, there is no representation on behalf of the appellant, either personally or through video conferencing.

As could be seen from the daily order sheet, the appeal was listed on 26.03.2024, on that day, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of learned counsel for the appellant, the appeal was ordered to be listed on 01.04.2024.

The appeal is listed today. As already noted above, when the matter is called, 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

NC: 2024:KHC:13179 MFA No. 4338 of 2014

3 -

appeal. Hence, the Miscellaneous First Appeal is dismissed for

non-prosecution.

Sd/JUDGE

TKN List No.: 1 Sl No.: 55

Jyoti Mulimani

CNR

KAHC010254182014

Topic

Motor Accident Claims

Bench

Disposal

Dismissed for Non-Prosecution

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