Ganesh. S vs The United India Insurance Co Ltd
2023 Latest Caselaw 2312 Kant

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                                                              MFA No. 372 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF APRIL, 2023

                                                  BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY


                   MISCELLANEOUS FIRST APPEAL NO. 372 OF 2017 (MV-I)
                   BETWEEN:

                         Ganesh. S,
                         S/o. Sriramappa,
                         Aged 24 Years,
                         R/o. No.484,
                         First Floor, EWS,
                         4th Phase, SFS 707,
                         Yelahanka New Town,
                         Bangalore - 64.
                                                                       ...Appellant
                   (By Sri. H. K. Basavaraj, Advocate)

                   AND:

                   1.    The United India Insurance Co. Ltd
Digitally signed
                         by its Manager,
by BANGALORE
MADHAVACHAR              Krishi Bhavan Building,
                         6th Floor,
VEENA
Location: High
Court of
Karnataka                Near Hudson Circle,
                         Bangalore - 560 001.

                   2.    Ramesh Naik
                         Aged Major,
                         No.39, Ist Cross,
                         J.P. Nagar, 5th phase,
                         Bangalore - 78.
                                                                    ...Respondents
                   (By Sri. Jwala Kumar, Advocate for R-1;
                   R2 - Notice dispensed with vide order dt. 24-11-2017)
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                                           MFA No. 372 of 2017




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       This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act, praying to call for the records
and modify the judgment and award by enhancing the
compensation from Rs.1,70,000/- to Rs.6,00,000/- (Rs. Six
lakhs only) in M.V.C.No.789/2014 dated.22.09.2015 passed by
the Member, Motor Accident Claims Tribunal at Bangalore City
and grant cost and interest throughout, granting such other
reliefs as deemed fit, in the interest of justice.
     This Miscellaneous First Appeal coming on for Final
Hearing through Physical Hearing/Video Conferencing, this day,
the Court made the following:

                           ORDER

Learned counsel for the appellant neither present

physically nor through video conference. No reasons are

forthcoming for his non-appearance in the matter.

Learned counsel for the Respondent No.1 is

physically present in the Court.

A perusal of the order sheet would go to show that,

the present appeal is of the year 2017, as such, it is one

of the old matters of this nature pending before this

roster. On the previous date of hearing, that was on the

date 16-11-2022, the learned counsel for the appellant had

MFA No. 372 of 2017

remained absent though the learned counsel for

respondent No.1 was present. Subsequently, on the date

30-11-2022, it was at the request of the learned counsel

for the appellant, the matter was adjourned. Once again

the matter was adjourned at the request of the learned

counsel for the appellant only, on 10-01-2023. The same

makes it clear that even though the matter is being taken

up repeatedly, the learned counsel for the appellant is not

showing any inclination to proceed further in the matter.

Hence, the appeal stands dismissed for non-prosecution.

Sd/-

JUDGE

BMV*