Appeal against a motor accident compensation award was called on; the appellant had no representation and had not paid the earlier imposed cost. The appeal was dismissed for non-prosecution.
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.
NC: 2024:KHC:12567 MFA No. 4441 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.4441 OF 2014(MV-I)
BETWEEN:
RAGHAVENDRA, S/O. V.RANGASWAMY, AGED ABOUT 29 YEARS, APPELLANT BEING MENTALLY DISABLE REPRESENTED BY HIS FATHER V.RANGASWAMY, S/O VENKATAGIRIYAPPA, AGED ABOUT 55 YEARS, R/AT 3RD CROSS, DEVANGA BEEDI, CHAMARAJANAGAR TOWN-571 313.
…APPELLANT
(BY SMT. S.SUMATHI AND SRI. P.SHIVAKUMAR., ADVOCATES [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (NOTICE TO R1-DISPENSED WITH V/O DATED:26.02.2015; BY SRI. O.MAHESH., ADVOCATE FOR R2)
NC: 2024:KHC:12567 MFA No. 4441 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:28.12.2013 PASSED IN MVC NO.102/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND C.J.M. AND MEMBER OF MACT, CHARAMARAJANAGAR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, 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.
Sri.O.Mahesh., learned counsel for respondent No.2 has appeared through video conferencing.
As could be seen from the daily order sheet, the appeal was listed on 13.03.2024, on that day, at request on behalf of learned counsel for the appellant, it was ordered to be listed on 19.03.2024.
The appeal was listed on 19.03.2024, even on that day also learned counsel for the appellant sought time. However, in the interest of justice and as a last chance, ten days time was granted subject to payment of cost of Rs.500/- (Rupees Five Hundred only) to Karnataka Advocates' Clerk Benevolent Trust,
NC: 2024:KHC:12567 MFA No. 4441 of 2014
High Court of Karnataka, Bengaluru and it was made clear that the appellant will have right of audience only if the cost is paid. The appeal was ordered to be listed on 27.03.2024.
The Appeal is listed today. As already noted above, when the matter is called, today also there is no representation on behalf of the appellant, either personally or through video conferencing. The cost of Rs.500/- (Rupees Five Hundred only) is also not paid. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Miscellaneous First Appeal is dismissed for non-prosecution.
Sd/JUDGE
MRP List No.: 1 Sl No.: 10
1 provisions across 1 enactments
Raghendra (mentally disabled, represented by father V.Rangaswamy)
C.K.Bhavani
Divisional Manager, Oriental Insurance Co. Ltd.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
