Mrs Lakshmi vs Vittal
2022 Latest Caselaw 10070 Kant

                            1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30TH DAY OF JUNE, 2022

                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

             M.F.A.NO.8728 OF 2011 (MV)

BETWEEN:

MRS LAKSHMI,
W/O DHARMARAJ PAL,
R/O DOOR NO.1420,
AT POST: MADALAGI,
GOKAK TALUK.                               ...APPELLANT

(LAKSHMI - APPELLANT - (ABSENT))

AND:

  1. VITTAL,
     S/O NINGAPPA MAITRI,
     AGED ABOUT 26 YEARS,
     OCC:DONT KNOW,
     R/O MYADAR ONI,
     MAHALINGAPURTALUK,
     MUDHOL, BAGALKOT-DIST.

  2. THE DIVISIONAL MANAGER,
     THE ORIENTAL INSURANCE CO LTD.,
     DIVISIONAL OFFICE, ENKAY COMPLEX,
     KESHAVPUR, HUBLI,

       INSURER AND INSURANCE POLICY
       ISSUING OFFICE OF TEMPO TRAX
       NO KA-49/M-4999
       THE ORIENTAL INSURANCE COMPANY LIMITED,
       MERCHANT CO-OPERATIVE BANK BUILDING,
       BAILHONGAL.
                             2




  3. K S KANDASWAMY,
     S/O SUNDERA GOUNDAR,
     NO.16, 3RD CROSS,
     VINAYAKNAGAR,
     VIDYAPEETHA CIRCLE,
     BANGALORE,
     OWNER OF HGV NO.KA-05/AE 234.

  4. THE BRANCH MANAGER,
     NATIONAL INSURANCE CO. LTD.,
     DIVISIONAL OFFICE,
     MELGGIRI PLAZA,
     OPP. JJM MEDICAL COLLEGE,
     M C C B BLOCK, DAVANGERE.           ...RESPONDENTS

(BY SRI SURESH M LATUR, ADV. FOR R1,
 SRI A.N.KRISHNASWAMY, ADV. FOR R2,
 SRI S.SRISHAILA, ADV. FOR R4,
 V/O/DT: 05.12.2016 APPEAL AGAINST R3 IS
 DISMISSED)
                         ----
      THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.12.2010 PASSED IN MVC
NO.1081/2006 ON THE FILE OF ADDITIONAL DISTRICT JUDGE
(FAST    TRACK   COURT),    CHITRADURGA,    AWARDING    A
COMPENSATION OF RS.2,40,079/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL REALISATION.

      THIS APPEAL COMING ON FOR A FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-


                      JUDGMENT

The claim petitions filed in MVC Nos.1080/2006 and

1081/2006 were allowed in part in terms of the judgment

and award dated 29.12.2010 passed by the Addl. Dist

Judge (Fast Track Court), Chitradurga. The tribunal

awarded the compensation fixing the liability on the owner

of the vehicle viz., Lakshmi. The owner has preferred this

appeal.

2. The learned counsel for the appellant has issued

notice to the appellant and sought leave of the Court to

retire from the brief. The learned counsel for the appellant

was permitted to retire from the brief in terms of the order

dated 13.07.2018. Since then there is no representation

for the appellant.

3. Matter called out today. Appellant is not present.

None appears for the appellant. The appeal is dismissed

for non-prosecution. It is also noticed that MFA

No.8727/2018 filed by the appellant was dismissed for

non-prosecution in 2012 itself.

Sd/-

JUDGE

brn