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2025 DAILYLAW 4955 (KAR)

SMT UMABAI W.O LATE MADHAV RAO PATIL v. THE DIVISIONAL CONTROLLER

MFA/102063/2023 · 2025-04-25

C M Poonacha, S G Pandit

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Judgment text

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- 1 - NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102063 OF 2023 (MV-D) BETWEEN: 1. SMT. UMABAI, W/O LATE MADHAV RAO PATIL, AGE. 70 YEARS, OCC. HOUSEWIFE, RESIDENCE: HOUSE NO.371-C, D.F.A. TOWNSHIP, NEAR WOOD DEPOT, DANDELI, TQ.HALIYAL NOW DANDELI, DISTRICT. NORTH KANNADA 581325. 2. SMT. VIDYA, W/O RAJAKUMAR JOSHI, AGE. 48 YEARS, OCC. HOUSEWIFE, RESIDENCE: MUDHOL TALUKA, MUDHOL, DISTRICT. BAGALKOT 587313. 3. SRI. PRASHANT, S/O MADHAVRAO PATIL, AGE. 43 YEARS, OCC. PRIVATE WORK, RESIDENCE: HOUSE NO.371-C, D.F.A.TOWNSHIP, NEAR WOOD DEPOT, DANDELI, TQ.HALIYAL NOW DANDELI, DIST. NORTH KANNADA 581325. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023 4. SRI. RAJENDRA, S/O MADHAVRAO PATIL, AGE. 41 YEARS, OCC. PRIVATE WORK, RESIDENCE: HOUSE NO.371-C, D.F.A.TOWNSHIP, NEAR WOOD DEPOT, DANDELI, TQ. HALIYAL NOW DANDELI, DIST. NORTH KANNADA 581325. …APPELLANTS (BY SRI. S H MUTALIK DESAI, ADVOCATE (ABSENT)) AND: 1. THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, THE DIVISIONAL OFFICE, BELGAUM DEPOT, AT: BELAGAVI 590001. 2. THE SELF INSURANCE FUND, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, THE DIVISIONAL OFFICE, BELAGAVI DEPOT, AT: BELGAUM 590001. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 21.09.2022 PASSED IN MVC NO.704/2018 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal is filed on 21.04.2023. Several opportunities have been provided to the appellants to comply the office objections. 2. By order dated 08.04.2025, two week’s time was granted to comply the office objections, failing which the matter was ordered to be listed on 23.04.2025 for ‘Dismissal’. On 23.04.2025, as the office objections were not complied with, the matter was directed to be listed on 25.04.2025 affording one more opportunity for compliance. 3. Today, when the matter is called, there is no representation for the appellants in the morning session as well as in the afternoon session. Office objections are not complied with till date in spite of providing several opportunities. It appears that the appellants are not interested in prosecuting the appeal. - 4 - NC: 2025:KHC-D:6910-DB MFA No. 102063 of 2023 4. The appeal stands dismissed with costs of Rs.5,000/- payable to the High Court Legal Services Committee, High Court of Karnataka, Dharwad Bench, Dharwad, along with costs, if any, imposed earlier. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 2 SL NO.: 5