Dismissed¶34

Sri Shivanna @ sadashiva v. Sri h n premakumar

Karnataka HC28 Aug 2025MFA/534/2020

Case brief

AI extract

What is this about?

Karnataka HC DB judgment dated 28-08-2025 in MFA No. 534 of 2020 (MV-D) [NC: 2025:KHC:33424-DB]: claimants' appeal under S. 173(1) MV Act against the award dated 25-1-2017 in MVC No. 70 of 2013 (Senior Civil Judge & JMFC, AMACT-14, Thirthahalli) seeking enhanced motor accident compensation was dismissed for non-prosecution as none appeared for the appellants in the revised call; merits and quantum not adjudicated. Bench: D K Singh, J. (author) and Venkatesh Naik T, J. Useful only as authority for dismissal-for-default practice, not for compensation principles.

What did the court decide?

None appeared for the appellants in the revised call, leaving the court no option but to dismiss. ¶32

Sri Shivanna @ sadashiva Vs Sri h n premakumar — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC:33424-DB MFA No. 534 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.534 OF 2020 (MV-D)

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BETWEEN:

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SRI SHIVANNA @ SADASHIVA S/O. THAMBU POOJARI AGED ABOUT 61 YEARS OCC: COOLIE.

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SRI ABHISHEK @ AMITH S/O. SHIVANNA AGED ABOUT 22 YEARS.

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APPELLANT NOS.1 AND 2 ARE RESIDING AT INDHIRA NAGARA THIRTHAHALLI CITY AND TALUK SHIVAMOGGA DISTRICT-577 432.

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

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SMT. AKSHATHA D/O. SADHASHIVA W/O. PRASHANTH AGED ABOUT 29 YEARS RESIDENTS OF INDHIRA NAGARA THIRTHAHALLI CITY AND TALUK-577 432.

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…APPELLANTS

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(BY SRI JAYAPRAKASH, ADVOCATE)

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AND:

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SRI H.N. PREMAKUMAR S/O. H.D. NINGASWAMY MAJOR BY AGE R/O HETTHUR VILLAGE SAKLESHPURA TALUK HASSAN DISTRICT-573 123 (DRIVER OF KSRTC BUS).

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NC: 2025:KHC:33424-DB MFA No. 534 of 2020

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HC-KAR

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THE MANAGING DIRECTOR KSRTC BENGALURU (OWNER OF BUS) BENGALURU-560 027.

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…RESPONDENTS

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(BY SRI SAMARTH PRAKASH, ADVOCATE FOR R-2; VIDE ORDER DATED 12-7-2023, NOTICE TO R-1 IS DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25-1-2017 PASSED IN MVC NO.70 OF 2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AMACT-14, THIRTHAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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None appear for the appellants in the revised call.

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Therefore, we have no option to dismiss the appeal.