A driver-owner's appeal against a motor vehicle accident compensation award was dismissed for non-prosecution, as the appellant's counsel was absent on multiple hearing dates including the final dismissal listing.
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NC: 2024:KHC:38185 MFA No. 716 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 716 OF 2022 (MV-I)
BETWEEN:
SRI. S. VENKATESHKUMAR, S/O SURESH S.K., AGED ABOUT 39 YEARS, R/AT ARAMANAMAKKI, KALASA HOBLI, MADIGERE TALUK, CHICKMAGALURU - 577 132.
(DRIVER AND OWENR OF JEEP BEARING NO. KA-32/M-0195)
…APPELLANT
(BY SRI. SATHISHA D. J.,ADVOCATE (ABSENT))
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI. RAVIKUMAR N. R.,ADVOCATE FOR R1; SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED 17.08.2020 IN MVC NO.337/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, AWARDING COMPENSATION OF RS.9,31,589/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
No representation on appellant's side on call. There was no representation even on 05.04.2024 and 29.08.2024. Though the matter is listed under the caption' For Dismissal', yet there is no representation. Therefore, the appeal is dismissed without costs for non-prosecution.
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
DS
List No.: 1 Sl No.: 29
1 provisions across 1 enactments
Sri. S. Venkateshkumar
Sri. Prajwal
The Branch Manager, New India Assurance Company Ltd.
Chillakur Sumalatha
As recorded by the court registry
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