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2025 DAILYLAW 2104 (KAR)

THE CLAIM MANAGER v. VIVEK

MFA/3865/2017 · 2026-04-21

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:13959 MFA No. 3865 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 3865/2017 (MV-I) Between: The Claim Manager Bajaj Allianz General Insurance Company Limited, Office Ashok Plaza, 2nd Floor, Next to Weik Filed Company, No. 32/2, Nagar Road, Pune - 411014. By Bajaj Allianz General Insurance Company Limited Regional Office, Golden Heights, 4th Level, No.1/2, 59th Cross, 4th "M" Block, Rajajinagar, Bengaluru-560010 By its Manager …Appellant (By Sri O.Mahesh, Advocate) And: 1. Vivek, Aged 19 years, S/o Vinoy Lukose, Now Residing at C/o. Harish Kanchan, Ramakrishna Sadana, Near Alkhazra Complex, 80 Badagabettu, Rajeeva Nagara, Manipal, Udupi Taluk-576101 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13959 MFA No. 3865 of 2017 2. Dottayya Poojary Aged about 54 years, S/o Chenna Poojary, R/at Moidinapura, Shiroor Village, Kundapura Taluk-576113 3. National Insurance Company Limited Rep. By its Divisional Manager, Kundapura Branch-576113 4. Ananda Poojary Age 36 years, S/o Shankar Poojary, R/at Moidinapura, Shiroor Village, Kundapura Taluk-576113 …Respondents (By Smt. Manjula N.Tejaswi, Advocate for R3; R2 and R4 are served) This MFA is filed u/s 173(1) of MV Act against the judgment and award dated 30.12.2016 passed in MVC No.1388/2009 on the file of the Additional Senior Civil Judge and MACT, Udupi. This MFA, coming on for orders, this day, judgment was delivered therein as under: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This court vide order dated 23.02.2023 passed the following: Finally, a week's time is granted to take steps in respect of respondent - 3 - NC: 2025:KHC:13959 MFA No. 3865 of 2017 No.1. Failing which, the matter would be posted for dismissal. The matter is listed today. There is no steps being taken by the appellant. This court has no other option but to dismiss the appeal for non prosecution. Ordered accordingly. Sd/- ________________________ JUSTICE K.S. HEMALEKHA KMV List No.: 1 Sl No.: 7