Balu S/O Denu Jadhav vs Navanth S/O Chandrakanth ...
2022 Latest Caselaw 4140 Kant

                             1




          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 10TH DAY OF MARCH, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

              MFA No.200261/2020 (MV)
Between:
Balu S/o Denu Jadhav,
Age: 36 years, Occ: Coolie,
R/o Kumatagi L.T., & Dist. Vijayapura-586 127.
                                            ... Appellant

(By Sri. Biradar Sadanand Mallangouda & Sri. Anil
S.J, Advocates)
And:
1.     Navanth S/o Chandrakanth Dhalgude,
       Age: 46 years, Occ: Business,
       R/o Andori Tq. Kandal Dist. Satara.
       M aharashtra-415 521.

2.     The Divisional Manager,
       United India Insurance Co. Ltd.
       Sangam Building, S.S.Front Road,
       Vijayapura-586 101.
                                          ... Respondents

      This Miscellaneous First Appeal is filed under Section
173(1) of the MV Act praying to allow the appeal by
modifying the judgment and award dated 19.10.2019
passed by the II Addl. Senior Civil Judge and MACT-VII,
Vijayapura in MVC No.2136/2013 and consequently be
pleased to enhance the compensation from Rs.1,42,030/-
to Rs.16,00,000/- with interest @ 12% per annum from
the date of petition till actual realization.
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      This appeal coming on for orders, this day, the Court
delivered the following:-


                      JUDGMENT

This appeal was filed on 06.02.2020. The matter

was posted before the Court on 18.02.2021. Four

weeks time was granted to comply with the office

objections, failing with the appeal stands dismissed.

Matter listed on 12.11.2021, one week time was

granted to comply with the office objections, subject

to cost of Rs.1,000/- payable by the appellant/s to the

Advocate's Library Fund, High Court of Karnataka,

Kalaburagi Bench and adjourned to 19.11.2021. Again

matter was listed on 19.11.2021, none appears, as a

last chance, one week time was granted. Matter listed

on 11.01.2022, one week time was granted to comply

with the office objections. If the office objections are

not complied with within the prescribed time, list this

matter on 18.01.2022. Matter listed 18.01.2022,

finally two weeks time was granted to the comply with

the office objections.

2. Today, the matter is listed for sixth time for

non-compliance of office objections. Case called out,

none appears for the appellant. This appeal is of the

year 2020 and inspite of granting sufficient

opportunities, learned counsel for the appellant did

not complied the office objections. It seems that the

appellant is not interested in prosecuting the appeal.

Accordingly, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

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