Appeal for enhancement of motor accident compensation. On two consecutive listings there was no representation for the appellant personally or by video conferencing; holding the appellant not interested in prosecuting the appeal, the court dismissed it for non-prosecution.
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NC: 2024:KHC:8179 MFA No. 8510 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.8510 OF 2014(MV-I)
BETWEEN:
SMT.PUSHPA W/O BASAVARAJU, AGED ABOUT 27 YEARS, RESIDING AT 4TH CROSS, HOSA, MANDYA TALUK, MANDYA DISTRICT, MANDYA - 571 401.
…APPELLANT
(BY SRI.SIDDALINGE GOWDA.K.G., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (R1-SERVED AND UNREPRESENTED; BY SRI. LAKSHMINARASAPPA., ADVOCATE FOR SRI. A.M.VENKATESH., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:06.07.2013
NC: 2024:KHC:8179 MFA No. 8510 of 2014
PASSED IN MVC NO.440/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called, there is no representation on behalf of the appellant, either personally or through video conferencing.
Sri.Lakshminarasappa., learned counsel on behalf of Sri.A.M.Venkatesh., for respondent No.2 has appeared through video conferencing.
As could be seen from the daily order sheet, the captioned appeal was listed on 26.02.2024, on that day, when the matter was called, there was no representation on behalf of the appellant. Hence, the appeal was ordered to be listed on 28.02.2024.
The Appeal is listed today. As already noted above, when the matter is called, there is no representation on behalf of the
NC: 2024:KHC:8179 MFA No. 8510 of 2014
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.
Sd/JUDGE
TKN List No.: 1 Sl No.: 51
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to the appellant's continued absence?
1 provisions across 1 enactments
Smt. Pushpa W/o Basavaraju
Sri. Santhosh P.C. S/o Chandrashekar
The Branch Manager, United India Insurance Co., Ltd.
Jyoti Mulimani
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
