Sri Mohammed Rafiq vs Sri Ramesh V Kotian
2021 Latest Caselaw 448 Kant

                        1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 7TH DAY OF JANUARY 2021

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

           MFA No. 2426 OF 2012(MV)

BETWEEN:

SRI, MOHAMMED RAFIQ
AGED ABOUT 39 YEARS
S/O MOHAMMED
R/AT MARKET ROAD
CHIKAMANGALORE
NOW R/AT BEEDINAGUDDE
UDUPI PIN-577201.

                                    ... APPELLANT

(BY SRI. MOHAMMED RAFIQ,
 PARTY IN PERSON.(ABSENT) )

AND

1.    SRI. RAMESH V KOTIAN
      AGED ABOUT 45 YEARS
      S/O LATE. VEERAPPA KOTIAN
      RESIDING AT "AMBIKA NILAYA"
      KODANKOOR POST, NITTUR
      UDUPI TALUK & DISTRICT-577 201.

2.    THE NEW INDIA ASSURANCE CO. LTD.,
      REP. BY ITS BRANCH MANAGER
                            2



     BRANCH OFFICE AT
     OPP: HEAD POST OFFICE
     SRI. RAM ARCADE, UDUPI.
                                      ... RESPONDENTS

(BY SRI. RAVI S SAMPRATHI , ADV. FOR R2:
R1 IS SERVED AND UNREPRESENTED)

    THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:28.11.2011 PASSED IN MVC NO.875/2009 ON
THE FILE OF THE DISTRICT JUDGE, MEMBER, MACT,
UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS MFA COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

As per the report of the learned Prl.District and

Sessions Judge, Udupi, dated 20.11.2020, notice has

been issued to the appellant. Neither the appellant

nor his counsel were present before this Court.

Even today when the matter is called out none

have appeared. It appears that the appellant is not

interested in prosecuting the case.

Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

Mkm/-