Mr Kusumadhar vs Smt K P Poornima
2022 Latest Caselaw 2474 Kant

                       1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 15TH DAY OF FEBRUARY, 2022

                    BEFORE

   THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

 MISCELLANEOUS FIRST APPEAL No.1990/2016 (MV-D)

BETWEEN:

1. MR KUSUMADHAR
S./O LATE VADIAPPA
AGED ABOUT 52 YEARS
R/AT GIRRIYAMAJALU HOUSE
EDAMANGALA
SULLIA TALUK-574 201.

2. SMT. PUSHPAVATHI
W/O KUSUMADHAR
AGED ABOUT 33 YEARS
R/AT GIRIYAMAJALU HOUSE
EDAMANGALA
SULLIA TALUK-574 201.

3. MASTER VARSHITH
S/O KUSUMADHAR
AGED ABOUT 09 YEARS
MINOR
REPRESENTED BY
NATURAL GUARDIAN AND
MOTHER, SMT. PUSHAVATHI
R/AT GIRIYAMAJALU HOUSE
EDAMANGALA
                        2
SULLIA TALUK-574 201
PRESENTLY RESIDING AT
PASHUPATHINILAYA
JARANDAYA TEMPLE ROAD
HOSABETTU KULAI POST
HOSABETTU VILAGE
MANGALORE TALUK-574 201.
                             ...    APPELLANTS

(BY SRI KUSUMADHAR, PARTY-IN-PERSON-ABSENT)

AND :

1. SMT K P POORNIMA
W/O KRISHNA KARANTH
AGED ABOUT 31 YEARS
R/AT 12-103
AGRABAILU HOUSE
JODUMARGA
B MOODA VILLAGE
BANTWALA TALUK-574 201.

2. THE MANAGER
ORIENTAL INSURANCE CO. LTD
EXTN. COUNTER I FOOR
POOVA ARCADE
NH. 17, SURATHKAL
MANGALORE TALUK-575 003.

3.  MR MOIDEEN KUNHI
S/O ABDULLA
AGED ABOUT 64 YEARS
R/AT H NO.137
MAIRAMANE
KEPU VILLAGE
                              3
NEERKAJE POST
BANTWAL TALUK-574243.
                                     ...    RESPONDENTS

(BY SRI R.B.DESHPANDE, ADV. FOR R-1;
 SRI K.SURESH, ADV. FOR R-2;
 R-3 IS SERVED)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES
ACT PRAYING TOSET ASIDE THE JUDGMENT AND
AWARD    DATED   13.10.2014  MADE     IN  MVC.
NO.1069/2012 BY THE COURT OF IV ADDITIONAL
DISTRICT JUDGE AND MEMBER, MACT, D.K.,
MANGALORE,    AND   GRANT   COMPENSATIN     AS
CLAIMED IN THE CLAIM PETITION, IN THE INTEREST
OF JUSTICE.

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

                   JUDGMENT

Sri Kusumadhar - appellant No.1 is absent. No

representation.

Appeal is dismissed for non-prosecution.

Sd/-

JUDGE Sbs/-