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Slns Transport Vs Smt Manjula — Motor Accident Claims | Karnataka HC (2024)

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Karnataka HC
2024
Slns Transport Vs Smt ManjulaSlns Transport v. Smt Manjula

Dismissed

Slns Transport v. Smt Manjula

Karnataka HC1 Mar 2024MFA/5581/2016

Case brief

AI extract

What is this about?

Workmen's compensation appeal pending since 2016; no representation for the appellant on two calls, so dismissed for non-prosecution.

What the court decided

AI extract

A

1 -

NC: 2024:KHC:8761 MFA No. 5581 of 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF MARCH, 2024

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.5581 OF 2016 (WC)

BETWEEN:

SLNS TRANSPORT LORRY SUPPLIER AND COMMISSION AGENCY, CHALLAGIRI RANGAPPA LAYOUT, FRONT OF RAVI MILL, P.B.ROAD, DAVANAGERE, RAPT.BY OWNER SRI.K.V.SHIVAKUMAR, S/O VEERAPPA, AGED ABOUT 42 YEARS.

…APPELLANT

(BY SRI. M.G.CONTRACTOR AND SRI. JAGADEESH GOUD PATIL., ADVOCATE [ABSENT])

AND:

Statutes considered

1 provisions across 1 enactments

AI extract

Workmen's Compensation Act, 192330(1)

Parties & counsel

AI extract

appellant
SLNS Transport Lorry Supplier and Commission Agency, rep. by owner Sri. K.V. Shivakumar
respondent
Smt. Manjula
respondent
Manjunath
respondent
Habib Sha

Coram

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Mar 2024 · March
Registered: 9 Aug 2016
Case no.: MFA/5581/2016

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Cite this judgement

Slns Transport v. Smt Manjula, MFA/5581/2016 (KA), decided on 1 March 2024.

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

Statutes1

Workmen's Compensation Act, 192330(1)

View all statutes

Bench / Coram

Jyoti Mulimani

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Non-prosecution dismissal: where an appellant under Section 30(1) of the Workmen's Compensation Act fails to appear despite the matter being called twice, the appeal is liable to be dismissed for non-prosecution. The compensation award below stands undisturbed.

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.

SMT. MANJULA W/O MANJUNATHA, AGED ABOUT 46 YEARS,

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

MANJUNATH S/O PACHHAMESTRI, AGED ABOUT 48 YEARS, BOTH ARE R/O KAIMARA, CHIKKAMAGALUR DISTRICT-577 101.

HABIB SHA

S/O MAHABOOB BASHA, AGED ABOUT 44 YEARS, OCC: LORRY OWNER, R/O P.H.COLONY, 18^TH CROSS, TUMKUR-572 101.

…RESPONDENTS

(BY SRI. S.Y.KUMBAR., ADVOCATE FOR R1 AND R2)

2 -

NC: 2024:KHC:8761 MFA No. 5581 of 2016

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND DECREE DATED: 30.04.2016, PASSED IN E.C.A.NO.67/2014 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, JMFC, CHIKKAMAGALURU, AWARDING A COMPENSATION OF RS.9,08,080/WITH INTEREST @ 12% P.A ON AWARDED AMOUNT AFTER EXPIRY OF ONE MONTH FROM THE PERIOD FROM THE ACCIDENT TILL ENTIRE REALIZATION.

THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, 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 2016. Now we are in the month of March 2024. The appeal is pending for almost eight 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,

3 - NC: 2024:KHC:8761 MFA No. 5581 of 2016

the Miscellaneous First Appeal is dismissed for nonprosecution.

Sd/JUDGE

MRP List No.: 1 Sl No.: 5

AI extract

Jyoti Mulimani

CNR

KAHC010528772016

Topic

Motor Accident Claims

Bench

Disposal

Dismissed for Non-Prosecution

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