The High Court of Karnataka dismissed the miscellaneous first appeal filed under s. 173(1) of the Motor Vehicles Act for non-prosecution and non-compliance with office objections, as the appellant failed to appear despite multiple adjournments.
The appeal is dismissed for non-prosecution and non-compliance with office objections.
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NC: 2024:KHC:1302-DB MFA No. 5008 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 5008 OF 2023 (MV-I)
BETWEEN:
KIRAN M S/O SRI. MUNISH V, AGED ABOUT 28 YEARS, R/AT 2, 2ND MAIN, 12TH CROSS, NEAR ANAND MURTHY SCHOOL, GANDHINAGAR, KOLAR CITY 563 101.
…APPELLANT
(BY SRI. SRIDHAR D.S., ADVOCATE) AND:
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
9/S, MAHALAKSHMI CHAMBERS, M G ROAD, BENGALURU 560 001.
…RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.04.2023 PASSED IN MVC NO. 1589/2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, C/c XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-24) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:
ORDER
Called again in the afternoon.
Video Conference. Learned counsel for respondent No.2 alone is physically present.
that, inspite of granting sufficient opportunity for five times, the appellant has not complied with the office objections. Matter is being listed only to comply with office objections for which, the appellant has not evinced interest to comply the same inspite of sufficient adjournments and pass over.
NC: 2024:KHC:1302-DB MFA No. 5008 of 2023
Hence, the Appeal stands dismissed for non-prosecution as
well as for non-compliance of office objections.
Sd/-
JUDGE
Sd/JUDGE
Sk/List No.: 1 Sl No.: 9
1 issue framed by the court
Whether a miscellaneous first appeal stands dismissed for non-prosecution and non-compliance with office objections.
1 provisions across 1 enactments
Kiran M
Imtiyaz Pasha
The New India Assurance Co. Ltd
H.B. Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
