Sri Vijay Kumar Kulkarni @ Vijay ... vs The United India Insurance ...
2022 Latest Caselaw 2488 Kant

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.8721/2018(MV-D)


BETWEEN

1.     SRI VIJAY KUMAR KULKARNI @ VIJAY KUMAR
       S/O LATE RAM RAO KULKARNI
       AGED ABOUT 60 YEARS,
       RESIDING AT
       NO.83 3RD MAIN
       VENKATESHWARA LAYOUT
       HEROHALLI ANDRAHALLI MAIN ROAD,
       BANGALORE-560091

2.     MANJUNATH KULKARNI @ MANJUNATH V K
       S/O VIJAY KUMAR KULKARNI
       AGED ABOUT 36 YEARS,
       RESIIDNG AT
       NO.83 3RD MAINVENKATESHWARA LAYOUT
       HEROHALLI ANDRAHALLI MAIN ROAD,
       BANGALORE-560091

3.     ABHISHEK KULKARNI @ ABHISHEK V K
       S/O VIJAY KUMAR KULKARNI
       AGED ABOUT 32 YEARS,
       RESIIDNG AT
       NO.83 3RD MAINVENKATESHWARA LAYOUT
                         2
      HEROHALLI ANDRAHALLI MAIN ROAD,
      BANGALORE-560091

                                     ...APPELLANTS
(BY SRI KALYAN R. ADVOCATE)

AND

1.    THE UNITED INDIA INSURANCE COMPANY LTD.,
      REGIONAL OFFICE
      5TH FLOOR KRISHI BHAVAN
      HUDSON CIRCLE
      BENGALURU-560001

2.    J DEVI
      W/O JASARTHANAN
      MAJOR
      NO.179 PILLAIYAR KOLI STREET
      SHENPAKKAM
      VELLORE DISTRICT
      TAMIL NADU-632001
                                     RESPONDENTS

      THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 27.05.2017 PASSED IN MVC
NO.5456/2016 ON THE FILE OF THE XXI ACMM AND
XXIII ADDITIONAL SMALL CAUSE JUDGE, COURT OF
SMALL CAUSES, MACT, BENGALURU (SCCH-25),
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS APPEAL COMING ON FOR ORDER THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                               3



                      JUDGMENT

Learned counsel for the appellants is absent. Appeal

is filed with a delay of 419 days. Better affidavit has not

been filed in spite of direction dated 06.02.2020. Appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

Sbs/-