K C Deepak vs Sandesh
2021 Latest Caselaw 173 Kant

                                             MFA 8555/2014
                               1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 5TH DAY OF JANUARY, 2021

                           PRESENT

          THE HON'BLE MR.JUSTICE ALOK ARADHE

                             AND

         THE HON'BLE MR.JUSTICE V.SRISHANANDA


                 M.F.A.No.8555/2014 (MV-I)

BETWEEN:

K.C.Deepak,
S/o K.B.Channakeshava,
Aged about 23 years,
R/o Kodathalu,
Thekkur Post,
Sringeri Taluk-577 139.                      ... APPELLANT

(By Sri Chandrashekar, Adv. for
    M/s.Chandru & S.Shekar Assts.)

AND:

1.     Sandesh,
       S/o Thimmappa Hegde,
       Aged about 40 years,
       Businessman,
       Driver of Mahindra Pickup,
       Van No.KA-18/A 1367,
       R/o Hedagunda,
       Kodathalu, Thekkur Post,
       Sringeri Taluk - 577 139.

2.     K.R.Thimmappa Hegde,
       S/o Ramanna Hegde,
       Aged about 69 years,
       Owner of Mahindra Pickup,
       Van No.KA-18/A 1367,
                                              MFA 8555/2014
                                2


      R/o Hedagunda,
      Kodathalu, Thekkur Post,
      Sringeri Taluk - 577 139.

3.    The Manager,
      United Ins. Co. Ltd.,
      Branch Office,
      K.M.Road,
      Chikmagalur-577 101.

4.    Dharmappa A.M,
      S/o Mariyappagowda,
      Aged about 40 years,
      R/o Hathulli,
      Driver of Mahindra Pickup,
      Kodathalu, Thekkur Post,
      Sringeri Taluk - 577 139.
      Rider of motor cycle
      No.KA 18 K 8045.

5.    K.G.Ashoka,
      S/o Giriyappagowda,
      Aged about 49 years,
      Agriculturist,
      R/o Kodathalu,
      Thekkur Post,
      Sringeri Taluk-577 139.

6.    The Manager,
      The Oriental Ins.Co.Ltd.,
      Koppa Branch,
      Laxmi Shopping Complex,
      Subhash Road,
      Koppa-577 126.                     ... RESPONDENTS

(By Sri V.D.Raviraj, Adv. for R1 & R2;
    Sri M.V.Poonacha, Adv. for R3;
    Notice served to R4;
    Sri Jwala Kumar, Adv. for R5;
    Sri M.Narayanappa, Adv. for R6)
                                                      MFA 8555/2014
                                  3


      This Miscellaneous First Appeal is filed under
Section 173(1) of MV Act against the judgment and award
dated 25.06.2014 passed in MVC No.479 / 2009 on the file
of   the    I   Additional   District    Judge,   Member,       Mact,
Chickmagalur,        dismissing        the   claim   petition     for
compensation.


      This appeal coming on for Admission, this day, Alok
Aradhe J., delivered the following:

                             JUDGMENT

1. Mr. Chandrashekar, learned Counsel for the

appellant.

2. Learned Counsel for the appellant submits that he

had sent a communication to the appellant on 28.12.2020

which has been received by the appellant on 01.01.2021,

in which, he had expressed his unwillingness to appear on

his behalf. However, when the matter is taken up today,

learned Counsel for the appellant has filed memo for

retirement from the case.

3. The aforesaid memo is taken on record.

MFA 8555/2014

4. None appears on behalf of the appellant. In the

result, the appeal is dismissed for want of prosecution.

Sd/-

JUDGE

Sd/-

JUDGE KK