Smt. J.L. Renuka vs Sri. H.R Chandrashekar
2022 Latest Caselaw 10526 Kant

                            1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 12TH DAY OF JANUARY 2016

                       BEFORE

     THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

     MISCELLANEOUS FIRST APPEAL NO.1543/2011(MV)

BETWEEN

1.     SMT. J.L. RENUKA,
       W/O LATE B.S. SHIVAKUMAR,
       AGED 30 YEARS, ASST. TEACHER,

2.     SRI. DOLESHA,
       S/O LATE B.S. SHIVAKUMAR,
       AGED 2 YEARS,

3.     SMT. JAYAMMA,
       W/O LATE SIDDAPPA,
       AGED 64 YEARS,

4.     SRI. JAYANT KUMAR,
       S/O LATE B.S. SHIVAKUMAR,
       AGED 5 MONTHS,

       2ND AND 4TH APPELLANTS ARE MINORS
       REPRESENTED BY THEIR NATURAL
       GUARDIAN, 1ST APPELLANT

       ALL ARE RESIDENTS OF
       BAGIVALU VILLAGE, HALEKOTE HOBLI,
       HOLENARASIPURA TALUK,
       HASSAN DISTRICT -562 113.
                                      ... APPELLANTS


(BY SRI VENKATESH R. BHAGAT, ADVOCATE)
                            2



AND

1.    SRI. H.R CHANDRASHEKAR
      S/O H.S.RAMANNA,
      NO.49, 5TH CROSS, 1ST A MAIN ROAD,
      J.C. NAGAR, MAHALAKSHMIPURAM,
      BANGALORE -560 086.

      NOW RESIDING AT 20,
      A.V.ROAD, KALASIPALYAM,
      BANGALORE - 560 002
      KARNATAKA

2.    THE DIVISIONAL MANAGER
      DIVISIONAL OFFICE
      ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
      JINAT HOUSE,
      KESHAVARAO KANDE STREET,
      MAHALAKSHMI,
      MUMBAI - 400 034
      REPRESENTED BY THE MANAGER
      ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
      BANGALORE.

3.    SRI K.R.SURESH
      S/O RACHAIAH,
      28 YEARS,
      DRIVER OF VEHICLE NO.FDL, 5840
      NO.49, 5TH CROSS, 1ST A MAIN ROAD,
      J.C.NAGAR, MAHALAKSHMIPURAM,
      BANGALORE.

4.    SRI. AYUZKHAN,
      S/O AHAMAD KHAN,
      MAJOR, OWNER CUM DRIVER,
      VEHICLE NO.FDL 1567/04-05,
      NEAR CHIKKANALU,
      2ND CROSS, POLICE QUARTERS,
      HASSAN.
                              3

5.   THE DIVISIONAL MANAGER
     DIVISIONAL OFFICE,
     ORIENTAL INSURANCE CO. LTD.,
     SUBHASH CHOUKA,
     HASSAN.                   ... RESPONDENTS

(APPEAL AGAINST R1 TO R3 DISMISSED V/C/O
DATED 12.01.2016; R4-SERVED AND UNREPRESENTED;
SRI K.SURESH, ADVOCATE FOR R5)

     THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988
AGAINST THE JUDGMENT AND AWARD DATED:04.09.2010
PASSED IN MVC NO.1568/2009 ON THE FILE OF THE
FAST TRACK AND MACT, HOLENARSIPURA PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                    JUDGMENT

On 04.09.2015, a week's time was granted to take

steps for issue of notice to respondent Nos.1 to 3. Steps

when taken notice issued, postal authorities returned

the same with an endorsement that there is no such

person as respondent Nos.1 and 3 in the address and

respondent No.2 left without instruction. These

endorsements are the very same endorsements issued

on two earlier occasions when notices were issued at the

very same addresses.

2. It appears to me that the appellant is not diligent

in prosecuting the appeal by furnishing the correct

addresses of respondent Nos.1 to 3. Appeal dismissed

against respondent Nos.1 to 3. Consequently appeal

dismissed.

Sd/-

JUDGE

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