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2025 DAILYLAW 17697 (KAR)

MR DEVAIAH @ DEVEGOWDA v. MR PRASANNA

MFA/6441/2018 · 2025-06-16

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20608 MFA No. 6441 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6441 OF 2018 (MV-I) BETWEEN: MR DEVAIAH @ DEVEGOWDA S/O KRISHNAPPA, AGED ABOUT 51 YEARS R/AT KODIYALA VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-561 203 …APPELLANT (BY SRI. SULASA T J, ADVOCATE) AND: 1. MR PRASANNA S/O H P HEMAIAH AGED ABOUT 38 YEARS R/AT D.NO.626, III CROSS, SWARNASANDRA EXTENSION, MANDYA DISTRICT-571 402 2. SADASHIV J S/O JAVAREGOWDA, MAJOR R/AT NO.465, KODIYALA VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-561 203 3. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO.LTD., NO.876,NEW KANTHARAJE URS ROAD, SARASWATHIPURAM,MYSURU (INSURER OF THE YAMAHA MOTOR Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20608 MFA No. 6441 of 2018 CYCLE BEARING NO.KA-11/V-7627 FROM 06.09.2010 TO 05.09.2011 P.NO.1-DB 7 PLO) 4. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO.LTD., II FLOOR, NET TO SPENCERS, NO.6, 80 FEET ROAD, 7TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU-560 034 (INSURER OF THE BAJAJ DISCOVER 100CC MOTOR CYCLE BEARNG NO.KA-05/HL-6929 VALID FROM 17.06.2010 TO 16.06.2011) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.17 PASSED IN MVC NO.711/12 ON THE FILE OF THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, MANDYA [SITTING AT SRIRANGAPATTANA], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT 1. None appears for the appellant in the morning session as well as in the afternoon session. 2. This Court by order dated 18.11.2019 ordered for issuance of notice to the respondents. The requisite process fee not having been paid, the above appeal was listed on 20.01.2020 and two weeks time was granted to do the needful. The needful not having been done, the above appeal was once - 3 - HC-KAR NC: 2025:KHC:20608 MFA No. 6441 of 2018 again listed on 15.07.2024 and two weeks time has been granted to take steps. 3. Till date, the requisite process fee for issuance of notice has not been paid. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 27