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2025 DAILYLAW 33216 (KAR)

MAHESH v. ASHOKA

MFA/8546/2016 · 2025-03-06

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:9520 MFA No. 8546 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8546 OF 2016 (MV-I) BETWEEN: SRI.MAHESH S/O RAMEGOWDA, AGED ABOUT 35 YEARS, R/O JADAGUBBI VILLAGE & POST HALLI MYSORE HOBLI H.N.PURA TALUK PRESENT R/O BAGUR ROAD BEHINE MASEEDI CHANNARAYAPATNA TOWN AND TALUK HASSAN DISTRICT-573 201 …APPELLANT (BY SRI. VEDHU KUMAR Y.S., ADVOCATE- ABSENT) AND: 1. SRI.ASHOKA S/O RAMAKRISHNEGOWDA AGED ABOUT 33 YEARS R/O DODDAMATHIGATTA VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 2. THE MANAGER UNITED INDIA INSURANCE CO.LTD., KOLLIGE ROAD MADIKERI-571 201 REPRESENTED BY THE MANAGER UNITED INDIA INSURANCE CO. LTD., HASSAN …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9520 MFA No. 8546 of 2016 (BY SRI. B C SEETHARAMA RAO, ADVOCATE FOR R2 V/O/D 29/1/24 APPEAL AS AGAINST R1 STANDS DISMISSED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.03.2013 PASSED IN MVC NO.96/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ‘DISMISSAL’, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT On perusal of the proceedings, it shows that on several occasions there was no representation on behalf of the appellant and in fact on 10.02.2025, an order was passed by the Co-ordinate Bench of this Court, whereby the appellant was directed to serve the copies of the appeal memo on the learned counsel for the respondents or else, cost of Rs.1,000/- shall be payable to the High Court Advocates’ Library Fund. Then, the matter was directed to be listed on 05.03.2025. On 05.03.2025, there was no representation on behalf of both the parties. Hence, this matter was directed to be listed under the caption ‘for dismissal’. Today also, there is no representation on behalf of the appellant. Right from the beginning, it appears that the appellant is not interested to pursue the matter. This - 3 - NC: 2025:KHC:9520 MFA No. 8546 of 2016 appeal is of the year 2016. Hence, this Court is passing the following: ORDER i. Accordingly, the appeal is dismissed for non-prosecution. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 8