Sri Majnappa vs S Nagaraja
2023 Latest Caselaw 5979 Kant

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                                                     NC: 2023:KHC:30600
                                                    MFA No. 954 of 2019




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF AUGUST, 2023

                                        BEFORE
                           THE HON'BLE MR JUSTICE M.I.ARUN
               MISCELLANEOUS FIRST APPEAL NO.954 OF 2019 (MV-I)

               BETWEEN:

               1.    SRI MAJNAPPA
                     S/O. NEELAPPA
                     AGED ABOUT 63 YEARS
                     AGRICULTURIST AND FLOWER MERCHANT
                     R/O. ECHALANAGENAHALLY VILLAGE
                     HIREGUNTANURU HOBLI
                     CHITRADURGA TALUK AND DISTRICT-577 501.

                                                            ...APPELLANT
               [BY SRI R. SHASHIDHARA, ADVOCATE (ABSENT)]

               AND:

               1.    S. NAGARAJA
                     S/O. SHARANAPPA N.
                     AGED ABOUT 42 YEARS
Digitally            OWNER AND DRIVER
signed by V
MANJUSHA             OF AUTO BEARING NO.KA 16/A-9480
BAI
                     R/O. MASEEDI ROAD
Location:
High Court           NEAR RAILWAY STATION
of Karnataka
                     CHITRADURGA TOWN
                     CHITRADURGA TALUK AND DISTRICT-577 501.

               2.    RAHAMATHULLA
                     S/O. MAHABOOB SAB
                     MAJOR
                     POLICY HOLDER OF AUTO
                     BEARING NO.KA-16/A-9480
                     R/O. BEHIND COMMUNIST PARTY
                     OFFICE, B.D. ROAD
                     CHITRADURGA-577 501.
               3.    THE MANAGER
                     RELIANCE GENERAL INSURANCE CO. LTD.
                            -2-
                                         NC: 2023:KHC:30600
                                        MFA No. 954 of 2019




      MAGANOOR BASAPPA COMPLEX
      1ST FLOOR, B.D. ROAD
      CHITRADURGA-577 501.

                                            ...RESPONDENTS

(NOTICE TO R.1 AND R.2 IS DISPENSED WITH
VIDE COURT ORDER DATED 24.05.2022;
BY SRI LAKSHMI NARAYAN C., ADVOCATE FOR R.3.)

     THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY
THE LEARNED SENIOR CIVIL JUDGE AND C.J.M., AT
CHITRADURGA IN MVC NO.1373/2016 DATED 23.02.2018 AND
TO ENHANCE THE COMPENSATION FROM RS.10,000/- TO
RS.15,00,000/- BY ALLOWING THIS APPEAL IN THE INTEREST
OF EQUITY AND JUSTICE.

     THIS APPEAL COMING ON FOR HEARING, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

None appears for the appellant. Even on the last

occasion none appeared for the appellant. The appeal is of

the year 2019. It appears that the appellant is not

interested in prosecuting the appeal. Hence, the appeal is

dismissed for non-prosecution.

SD/-

JUDGE

VMB