The Claim Manager vs Sri Narayanaswamy
2022 Latest Caselaw 11584 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 5TH DAY OF SEPTEMBER, 2022

                         PRESENT

            THE HON'BLE MR. JUSTICE B.VEERAPPA

                           AND

         THE HON'BLE MRS. JUSTICE K. S. HEMALEKHA

     MISCELLANEOUS FIRST APPEAL NO.3413 OF 2015 (MV-D)

BETWEEN:

THE CLAIM MANAGER
BAJAJ ALLIANCE GENERAL
INSURANCE COMPANY LIMITED
LAKSHMI COMPLEX, B.M ROAD
HASSAN
BY BAJAJ ALLIANZ GENERAL
INSURANCE CO LTD,
REGIONAL OFFICE, GOLDEN HEIGHTS
4TH LEVEL, NO.1/2, 59TH CROSS
4TH 'M' BLOCK, RAJAJINAGAR
BANGALORE-560 010
BY ITS MANAGER
                                            ...APPELLANT
(BY SRI O.MAHESH, ADVOCATE-ABSENT)

AND:

1.      SRI NARAYANASWAMY
        AGED ABOUT 52 YEARS
        S/O DEVEGOWDA

2.      SMT NINGAMMA
        AGED ABOUT 44 YEARS
        W/O NARAYANASWAMY
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3.   SHILPA
     AGED ABOUT 28 YEARS
     D/O NARAYANASWAMY

4.   SRI HARISH
     AGED ABOUT 26 YEARS
     S/O NARAYANASWAMY

     ALL ARE RESIDING AT
     A.CHOLENAHALLI VILLAGE
     KASABA HOBLI
     CHANNARAYAPATNA TALUK
     HASSAN DISTRICT-573201

5.   SMT HEMALATHA
     MAJOR
     W/O KOWSHALYARAMA
     R/AT DOOR NO.76
     ANGARAHALLI VILLAGE
     HOLENARASIPURA TALUK
     HASSAN DISTRICT-573201
                                      ...RESPONDENTS

(BY SRI K R LINGARAJU, ADVOCATE FOR RESPONDENT
NOS.1 TO 4;
R5 IS SERVED BUT UNREPRESENTED)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 28.1.2015 PASSED IN MVC NO.113/2011 ON
THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA
AWARDING A COMPENSATION OF RS.22,69,320/- WITH
INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE
DATE OF DEPOSIT.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
FINAL HEARING THIS DAY, B. VEERAPPA J., DELIVERED THE
FOLLOWING:
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                         JUDGMENT

The case is called out twice, none appears for the

appellant.

2. Sri K.R.Lingaraju, learned counsel for respondent

Nos.1 to 4 is present.

3. We have no option to dismiss the appeal for

non-prosecution. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

KPS