Insurer's appeal under Section 173(1) MV Act against a motor accident compensation award. Notices to respondent No.5 returned unserved thrice and the appellant took no steps despite time granted; the appeal was dismissed as against respondent No.5 only.
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NC: 2024:KHC:1187-DB MFA No. 8270 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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. 8270 OF 2016 (MV-D)
BETWEEN:
THE ORIENTAL INSURANCE CO LTD CBO - 2, NO 1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE. THROUGH ITS BENGALURU REGIONAL OFFICE NO 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BENGALURU - 560 025. REPRESENTED BY ITS MANAGER
…APPELLANT
(BY SRI. S V HEGDE MULKHAND., ADVOCATE)
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:1187-DB MFA No. 8270 of 2016
…RESPONDENTS
(BY SRI. R.G. HALESHA., ADVOCATE FOR R1 AND R2 R2 IS MINOR REPRESENTED BY R1 R3 & R4 SERVED AND UNREPRESENTED SRI.H.C. BETSUR ADVOCATE FOR R6)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1230/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF Rs.29,38,073/WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant appeared through
video conference. He submits that he may be granted time to take out paper publication against respondent No.5.
NC: 2024:KHC:1187-DB MFA No. 8270 of 2016
order the dated 03.08.2022, the notice so issued returned unserved and needful was not done.
03.08.2022, the appellant has not shown any interest in taking steps against respondent No.5. No acceptable reasons are assigned for adjournment. Hence, the appeal against respondent No.5 is dismissed as steps not taken.
Sd/JUDGE
Sd/JUDGE
PSJ List No.: 1 Sl No.: 12
1 provisions across 1 enactments
The Oriental Insurance Co Ltd
Smt. Ramya
Dakshitha (minor rep. by Smt. Ramya)
Bhadrakalamma
The Proprietor M/s Integrated Logistics Pvt. Ltd
Anitha D M
H.B. Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
2 orders share this CNR
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