A motor accident compensation appeal pending since 2013 was called twice with no representation from the appellant, personally or by video conferencing; the High Court dismissed the appeal 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:11063 MFA No. 5586 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.5586 OF 2013(MV-I)
BETWEEN:
SRI. NATARAJU S/O NARASIMHAIAH, AGED ABOUT 28 YEARS, R/A ADAKAMARANAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT.
…APPELLANT
(BY SRI. SHIVAKUMAR., ADVOCATE [ABSENT])
AND:
REPRESENTED BY ITS MANAGER.
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. JANARDHAN REDDY., ADVOCATE FOR R1; R2 AND R3 - SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:01.03.2013 PASSED IN MVC NO.6520/2011 ON THE FILE OF THE VI ADDL. SMALL CAUSES JUDGE & XXXI ACMM, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, 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 2013. Now we have almost completed three months in the year 2024. The appeal is pending for almost eleven 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 non-
prosecution.
MRP
List No.: 1 Sl No.: 29
Sd/JUDGE
1 issue framed by the court
Should the appeal be dismissed given the appellant's continued non-representation and failure to prosecute the appeal for eleven years?
1 provisions across 1 enactments
Sri. Nataraju S/o Narasimhaiah
United India Insurance Co. Ltd.
Sri. Tej Raj Mewara
Sri. Suresh Chand Sharma
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
