Mohammed Fazil vs Anwar Pasha
2021 Latest Caselaw 2271 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 16TH DAY OF JUNE, 2021

                           BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                  M.F.A.NO.7525/2013 (MV)
BETWEEN:

MOHAMMED FAZIL,
S/O AHAMED SHARIF,
AGED ABOUT 24 YEARS,
R/O KEREBILICHE VILLAGE,
CHANNAGIRI TALUK-577 213.                         ... APPELLANT

               (BY SRI S.P. SATHISH, ADVOCATE)

AND:

1.     ANWAR PASHA,
       S/O MOHAMMED SUBAN SAB,
       AGED ABOUT 40 YEARS,
       R/O. SADAT COLONY,
       BHADRAVATHI,
       SHIVAMOGGA DISTRICT-577201.
       (DRIVER OF LORRY BEARING NO.KA-19-4597).

2.     AMANULLA,
       S/O KHALLIL REHAMANA,
       MAJOR,
       R/O V.S. ROAD, 1ST CROSS,
       K.R. MOHALLA, MYSORE-570001.
       (OWNER OF LORRY BEARING NO.KA-19-4597).

3.     G. MURALIDHAR,
       S/O GANGADHARA SAPALIGA,
       MAJOR,
       R/O. NO.17/1A, NEAR CHURCH,
       MUDUPORAR POST & VILLAGE,
       VIA BAJPE, MANGALURU DISTRICT,
       SOUTH CANARA-574142.
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4.   THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE CO. LTD.,
     DIVISIONAL OFFICE,
     MELAGIRI PLAZA,
     DENTAL COLLEGE ROAD,
     M.C.C. "B" BLOCK,
     DAVANAGERE-577001.

5.   V.H. KUMAR,
     S/O LATE, R.K CHANNABASAPPA,
     MAJOR, R/O NO.3245/2, 11TH MAIN,
     M.C.C. "B" BLOCK,
     DAVANAGERE-577001.
     (OWNER OF BUS BEARING NO.KA-17-B-110).

6.   THE DEPUTY GENERAL MANAGER.
     CHOLAMANDALAM MS GEN INSURANCE CO. LTD.,
     NO.135/5, 2ND FLOOR, 3RD PHASE,
     15TH CROSS, J.P NAGAR,
     BENGALURU-560078.

7.   SYED KHALID,
     S/O SYED ABBAS,
     AGED ABOUT 43 YEARS,
     R/O.KOTE AREA, 5TH CROSS,
     HALLENAGAR, BHADRAVATHI,
     SHIVAMOGGA DISTRICT-577201.
     (OWNER OF LORRY BEARING NO.KA-19-4597)
                                         ... RESPONDENTS
s
         (BY SRI K. SHRIDHAR, ADVOCATE FOR R-4;
            SRI O. MAHESH, ADVOCATE FOR R-6;
           R-1 TO R-3, R-5 AND R-7 NOT SERVED)

     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 31.01.2013 PASSED
IN MVC.NO.87/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MACT, CHANNAGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION      AND     SEEKING    ENHANCEMENT      OF
COMPENSATION.

     THIS M.F.A. COMING ON FOR ORDERS THROUGH 'VIDEO
CONFERENCE' THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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                          JUDGMENT

The learned counsel for the appellant is absent. On the

previous date of hearing also the learned counsel for the

appellant was absent. However, this Court had given an

opportunity to take steps against respondent Nos.1 to 3, 5 and

7. Inspite of opportunity granted, no steps are taken against

respondent Nos.1 to 3, 5 and 7.

2. The learned counsel for respondent No.6 submits

that on 18.12.2015 he was directed to take notice for

respondent Nos.6 and Sri K. Shridhar was directed to take notice

for respondent No.4 and inspite of the direction, no copies are

furnished to respective learned counsel.

3. Now we are in 2021 and there is no progress in the

matter, no copies are served on the learned counsel for

respondent Nos.4 and 6 and no steps are taken against

respondent Nos.1 to 3, 5 and 7. Hence, the appeal is dismissed.

Sd/-

JUDGE

MD