Dismissed¶59

Sri v. Manjunatha v Sri Naveenkumar

Karnataka HC15 Jul 2026MFA/7452/2014

Case brief

AI extract

What is this about?

Dismissal of miscellaneous first appeals for non-prosecution (appellant absent though listed 'for dismissal'); appeals under S.173(1) MV Act against common MACT award dated 07.08.2013 (MVC No.94/2011 c/w MVC No.95/2011, Senior Civil Judge and Member, Additional MACT, Hiriyur) awarding Rs.98,800/- and Rs.83,840/- with 6% p.a. interest; Cholamandalam M/S General Insurance Co Ltd; Maruthi Swift KA-09-Z-0335; accident dated 02.10.2010; submission that no policy was in force on the accident date; no merits adjudicated.

What did the court decide?

None; both appeals dismissed for non-prosecution as the appellant did not appear despite listing under the caption 'for dismissal'. ¶59

Sri v Manjunatha Vs Sri Naveenkumar — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:36164 MFA No. 7451 of 2014 C/W MFA No. 7452 of 2014

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CNR: KAHC010491792014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA

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MISCELLANEOUS FIRST APPEAL NO. 7451 OF 2014 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 7452 OF 2014 (MV-I)

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IN MFA NO. 7451/2014

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BETWEEN:

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SRI. V. MANJUNATHA, S/O VENKATESH, AGED ABOUT YEARS, R/AT 209, 1^ST MAIN ROAD, NEAR LAST BUS STOP, KUMBARA KOPPAL - 570 001 MYSORE TALUK & DIST (OWNER OF THE VEHICLE MARUTHI SWIFT CAR REG NO.KA-09-Z-0335)

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…APPELLANT

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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(BY SRI. H V BHANU PRAKASH, ADVOCATE)

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AND:

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SRI. ARUNKUMAR, S/O HANUMEGOWDA, AGED ABOUT 24 YEARS, B.E. STUDENT, R/AT BARAGURU VILLAGE SIRA TALUK - 572 137 TUMKUR DISTRICT AT PRESENT RESIDING AT C/O HANUMANTHAREDDY, MASTER JAYANAGARA, HIRIYUR TOWN

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HC-KAR

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NC: 2026:KHC:36164 MFA No. 7451 of 2014 C/W MFA No. 7452 of 2014

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CNR: KAHC010491792014

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SRI. SHIVAKUMAR, S/O KUBERAPPA, AGED MAJOR, R/AT NO.63/1, 1^ST MAIN, 2^ND CROSS, BASAVARAJ PET, DAVANAGERE - 577 001. (OWNER OF THE VEHICLE MARUTHI OMNI CAR REG.NO.KA-35-M-6188)

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THE AUTHORISED MANAGER, CHOLAMANDALAM M/S GENERAL INSURANCE CO LTD HEAD OFFICE, DARTE HOUSE, 2^ND FLOOR, N.S.C. BOSE ROAD, CHENNAI - 600 001 (POLICY NO.3266/00380699/000/01 VALID FROM 26/07/2010 TO 25/07/2011)

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…RESPONDENTS

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(BY SRI. PATEL D KAREGOWDA, ADVOCATE FOR R1 SRI. Y.P. VENKATAPATHI, ADVOCATE FOR R-3, R-2 SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.08.2013 PASSED IN MVC NO.95/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HIRIYUR, AWARDING COMPENSATION OF RS.83,840/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.

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HC-KAR

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NC: 2026:KHC:36164 MFA No. 7451 of 2014 C/W MFA No. 7452 of 2014

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CNR: KAHC010491792014

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IN MFA NO. 7452/2014

BETWEEN:

…APPELLANT

(BY SRI. H V BHANU PRAKASH, ADVOCATE)

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AND:

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SRI NAVEENKUMAR S/O RAMACHANDRAPPA AGED ABOUT 28 YEARS B E STUDENT R/AT LAKSHMINARASIMHA NILAYA JARANAGARA, HIRIYUR TOWN CHITRADURGA DISTRICT

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SRI. SHIVAKUMAR, S/O KUBERAPPA, AGED MAJOR, R/AT NO.63/1, 1^ST MAIN, 2^ND CROSS, BASAVARAJ PET, DAVANAGERE - 577 001. (OWNER OF THE VEHICLE MARUTHI OMNI CAR REG.NO.KA-35-M-6188)

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THE AUTHORISED MANAGER, CHOLAMANDALAM M/S GENERAL INSURANCE CO LTD HEAD OFFICE, DARTE HOUSE, 2^ND FLOOR, N.S.C. BOSE ROAD, CHENNAI - 600 001

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HC-KAR

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NC: 2026:KHC:36164 MFA No. 7451 of 2014 C/W MFA No. 7452 of 2014

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CNR: KAHC010491792014

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(POLICY NO.3266/00380699/000/01 VALID FROM 26/07/2010 TO 25/07/2011)

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…RESPONDENTS

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(BY SRI. PATEL D KAREGOWDA, ADVOCATE FOR R1 SRI. Y.P. VENKATAPATHI, ADVOCATE FOR R-3, R-2 SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.08.2013 PASSED IN MVC NO.94/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HIRIYUR, AWARDING COMPENSATION OF RS.98,800/- @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.

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THESE APPEALS, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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COMMON ORAL JUDGMENT

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Appellant's counsel absent. Though both the matters are listed under the caption 'for dismissal', appellant has not turned up. Respondents' counsel present.

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Tribunal passed a common award in MVC No.94/2011 c/w MVC No.95/2011 dated 07.08.2013. Owner of the vehicle preferred these two miscellaneous

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5 - NC: 2026:KHC:36164 MFA No. 7451 of 2014 C/W MFA No. 7452 of 2014

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HC-KAR

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CNR: KAHC010491792014

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first appeals i.e., MFA No.7451/2014 against the order of the Tribunal in MVC No.95/2011 and MFA No.7452/2014 against the order of the Tribunal in MVC No.94/2011. But he has not turned up even after listing the matters under the caption 'for dismissal'.

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Learned counsel for the respondents submits that there was no policy as on the date of accident. The claimants met with an accident on 02.10.2010. But policy was issued for the period from 24.08.2009 to 23.08.2010. As such as on the date of accident there is no policy.

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Aggrieved by the order of the Tribunal, the appellant preferred these appeals. But has not turned up. As such no purpose is served in continuing the same. Hence, both the appeals are dismissed .

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Sd/(P SREE SUDHA) JUDGE

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NS CT:VS

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List No.: 1 Sl No.: 17

Sri v. Manjunatha v Sri Naveenkumar

Case brief

What is this about?

What did the court decide?

Sri v. Manjunatha v Sri Naveenkumar

Case brief

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