Citation : 2022 Latest Caselaw 10447 Kant
Judgement Date : 6 July, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
MFA No.32863/2013 (MV)
BETWEEN:
1. Anand Raj S/o Raju,
Aged about 45 years,
Occ: Employee,
2. K. Laxmi W/o Anand Raj,
Aged about 42 years,
Occ: Household,
Both are R/o H.No.6-2-74/94,
Laxman Layout, Raichur.
... Appellants
(By Sri. Manjunath M. Chidalli, Advocate)
AND:
1. Vinod S/o Madanlal,
Age: Major, Occ: Driver of vehicle,
R/o Near Hamdard School,
Raichur-584 101.
2. Smt. Vikshani W/o Maruthi,
Age: Major, Occ: Owner of the vehicle,
2
R/o H.No.21, Supreswar Nilaya, Rampur,
Tq: & Dist: Raichur-584 101.
3. The Branch Manager,
The ICICI Lombard General Insurance Co.,
Opp: SNT Talkies, Raichur-584 101.
... Respondents
(Sri. Govardhan Yadav, Advocate for R2;
Sri. C.S. Kalburgi, Advocate for R3;
V/O Dtd. 09.01.2014 notice to R1 is dispensed with)
This MFA is filed under Section 173(1) of the Motor
Vehicles Act, praying to allow the appeal and modify the
judgment and award dated 11.09.2013 passed by the
I Addl. District Judge & MACT at Raichur in MVC
No.345/2011 and to enhance the compensation and fixed
to liability respondent No.3.
This appeal coming on for final hearing this day, the
Court delivered the following:
JUDGMENT
The learned counsel for the appellants is absent. All
along, there is no representation on behalf of the
appellants.
This is an appeal, seeking enhancement and
challenging the liability. However, the appellants/
claimants have not shown any interest in prosecuting the
matter. The matter is pending since 2013. It is evident
that the appellants/claimants are not interested in
prosecuting the matter. Hence, the appeal stands
dismissed for non-prosecution.
Sd/-
JUDGE
LG
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