Kumara S/O Subbegowda vs M J Manjesh
2021 Latest Caselaw 2058 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 31ST DAY OF MAY, 2021

                          BEFORE

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

                  M.F.A.NO.8196/2010 (MV)

BETWEEN:

KUMARA,
S/O SUBBEGOWDA,
AGED ABOUT 33 YEARS,
R/AT KALEGOWDANA KOPPAL,
BOOKANAKERE HOBLI,
K.R.PET TALUK,
MANDYA DISTRICT.                              ... APPELLANT

         (APPELLANT - ABSENT AND UNREPRESENTED)

AND:

1.     M.J. MANJESH,
       AGE: MAJOR,
       S/O LATE JAYARAMEGOWDA,
       VALAGEREMENASA,
       K.R.PET TALUK, MANDYA CITY.

2.     NATIONAL INSURANCE COM. LTD.,
       BRANCH OFFICE, P.B.NO.54,
       V.V.ROAD, MANDYA CITY,
       REPRESENTED BY THE BRANCH MANAGER.
                                       ... RESPONDENTS

       [BY SRI A.N.KRISHNASWAMY, ADVOCATE FOR R-2;
              R1-SERVED AND UNREPRESENTED]

     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 05.11.2009
PASSED IN MVC.NO.3/2007 ON THE FILE OF THE CIVIL JUDGE
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(SR. DN.) AND JMFC, K.R.PET, 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:

                          JUDGMENT

The notice issued against the appellant was not served and

has returned with an endorsement that the claimant/appellant is

now settled in Bengaluru. The family members have refused to

receive the notice. Hence, service of notice to appellant is held

sufficient.

2. The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

MD