Karnataka High Court
Smt Savitha vs Sri Mahendra J K on 14 December, 2023
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MFA No. 4282 of 2014
C/W MFA No. 4283 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 4282 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4283 OF 2014(MV)
IN MFA NO.4282/2014
BETWEEN:
SMT. SAVITHA,
AGED ABOUT 27 YEARS,
W/O BANARAJ,
RESIDING AT SHETTY KOPPA,
N.R.PURA TALUK - 577 134,
CHIKMAGALUR DISTRICT.
...APPELLANT
(BY SRI. SATEESHA M.G., AND
SRI. H.M. HARSHA, ADVOCATES)
Digitally signed
by VINUTHA B S
Location: HIGH AND:
COURT OF
KARNATAKA
1. SRI. MAHENDRA J.K.,
AGED ABOUT 48 YEARS,
S/O J.S. KUMAR HEGDE,
MAKKI KOPPA, KOPPA TALUK,
CHIKMAGALUR DISTRICT - 577 126,
(DRIVER/OWNER OF THE LORRY BEARING
REGN.NO.KA-18/A-2828).
2. THE MANAGER,
THE ORIENTAL INSURNCE COMPANY LTD.,
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LAXMI SHOPPING COMPLEX,
SUBHASH ROAD, KOPPA - 577 126,
CHIKMAGALUR DISTRICT.
(POLICY NO.422604/31/2010/2080)
(INSURER OF THE LORRY BEARING
REGN.NO.KA-18/A-2828).
3. SRI.SRINIVASA D.,
S/O DEVAPPA GOWDA,
AGED ABOUT 45 YEARS,
R/O ELEMADALU, HERURU POST,
KOPPA TALUK - 577 126,
CHIKAMAGALUR DISTRICT.
(OWNER OF THE HERO HONDA
SUPER SPLENDOR BIKE BEARING
REGN.NO.KA-18/U-3901).
4. THE MANAGER,
THE NATIONAL INSURANCE COMPANY LTD.,
1ST FLOOR, S.S.COMPLEX,
(ABOVE HARSHA SHOP),
B.H.ROAD, SHIMOGA - 577 201
(CERTIFICATE NO.3510073110621380169
AND COVER NOTE NO.248167)
(INSURER OF THE HERO HONDA
BIKE BEARING REGN.NO.KA-18/U-3901).
...RESPONDENTS
(BY SRI. M. RAVINDRANATH, ADVOCATE FOR R1;
SRI. K.N. SRINIVAS, ADVOCATE FOR R2 AND R4;
R3 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:14.3.2014 PASSED IN MVC
NO.219/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT
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MFA No. 4282 of 2014
C/W MFA No. 4283 of 2014
JUDGE, CHICKMAGALUR, DISMISSING THE CLAIM PETITION
FOR COMPENSATION.
IN MFA NO.4283/2014
BETWEEN:
MASTER SHASHITH,
S/O BANARAJ, MINOR,
REPRESENTED BY HIS FATHER,
BANARAJ,
S/O THAMME GOWDA,
AGED ABOUT 38 YEARS,
RESIDING AT SHETTY KOPPA,
N.R.PURA TALUK - 577 134,
CHIKMAGALUR DISTRICT.
...APPELLANT
(BY SRI. SATEESHA M.G., ADVOCATE)
AND:
1. SRI. MAHENDRA J.K.,
AGED ABOUT 48 YEARS,
S/O J.S. KUMAR HEGDE,
MAKKI KOPPA, KOPPA TALUK,
CHIKMAGALUR DISTRICT - 577 126,
(DRIVER/OWNER OF THE LORRY BEARING
REGN.NO.KA-18/A-2828).
2. THE MANAGER,
THE ORIENTAL INSURNCE COMPANY LTD.,
LAXMI SHOPPING COMPLEX,
SUBHASH ROAD, KOPPA - 577 126,
CHIKMAGALUR DISTRICT.
(POLICY NO.422604/31/2010/2080)
(INSURER OF THE LORRY BEARING
REGN.NO.KA-18/A-2828).
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MFA No. 4282 of 2014
C/W MFA No. 4283 of 2014
3. SRI.SRINIVASA D.,
S/O DEVAPPA GOWDA,
AGED ABOUT 45 YEARS,
R/O ELEMADALU, HERURU POST,
KOPPA TALUK - 577 126,
CHIKAMAGALUR DISTRICT.
(OWNER OF THE HERO HONDA
SUPER SPLENDOR BIKE BEARING
REGN.NO.KA-18/U-3901).
4. THE MANAGER,
THE NATIONAL INSURANCE COMPANY LTD.,
1ST FLOOR, S.S.COMPLEX,
(ABOVE HARSHA SHOP),
B.H.ROAD, SHIMOGA - 577 201
(CERTIFICATE NO.3510073110621380169
AND COVER NOTE NO.248167)
(INSURER OF THE HERO HONDA
BIKE BEARING REGN.NO.KA18/U-3901).
...RESPONDENTS
(BY SRI. M. RAVINDRANATH, ADVOCATE FOR R1;
SRI. K.N. SRINIVAS, ADVOCATE FOR R2 AND R4;
R3 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:14.3.2014 PASSED IN MVC
NO.217/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE, MEMBER, MACT, CHICKMAGALUR, DISMISSING THE
CLAIM PETITION FOR COMPENSATION.
THESE APPEALS, COMING ON FOR DISMISSAL, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
No representation on appellant's side on call.
2. There was no representation even on 02.01.2023,
11.01.2023, 27.01.2023, 27.02.2023 and 04.12.2023. Though
the matters are listed on this day under the caption for
'dismissal' yet there is no representation.
3. Hence, both the appeals stand dismissed for non-
prosecution without costs.
Sd/-
JUDGE
RAK
CT:SNN
