Harish Kumar vs Ashoka
2023 Latest Caselaw 10931 Kant

Karnataka High Court

Harish Kumar vs Ashoka on 18 December, 2023

                                                -1-
                                                           NC: 2023:KHC:46322
                                                      MFA No. 8536 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                    MISCELLANEOUS FIRST APPEAL NO.8536 OF 2016 (MV-I)

                   BETWEEN:

                   HARISH KUMAR,
                   S/O. NINGAIAH,
                   AGED ABOUT 28 YEARS,
                   R/O. NEAR KANTEERAVA STUDIO,
                   NANDINI LAYOUT,
                   BANGALORE - 560 096.

                                                                 ...APPELLANT
                   (BY SRI. VEDHU KUMAR Y. S., ADVOCATE)

                   AND:

                   1.    ASHOKA,
                         S/O. BASAVALINGAPPA,
                         R/AT NST ROAD,
Digitally signed         OLD TOWN,
by VINUTHA B S
Location: HIGH
                         BHADRAVATHI,
COURT OF
KARNATAKA                SHIMOGA - 577 202.

                   2.    THE NEW INDIA ASSURANCE CO. LTD.,
                         3RD CROSS,
                         NEHRU ROAD,
                         SHIMOGA - 577 202,
                         REPRESENTED BY ITS BRANCH MANAGER.

                                                              ...RESPONDENTS
                   (BY SRI. K NAGARAJ, ADVOCATE FOR R2)

                          THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
                   AGAINST THE JUDGMENT AND AWARD DATED 13.03.2013
                                    -2-
                                                    NC: 2023:KHC:46322
                                               MFA No. 8536 of 2016




PASSED IN MVC NO.94/2010 ON THE FILE OF THE SENIOR
CIVIL        JUDGE   AND   MACT,     CHANNARAYAPATNA,          PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

        THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,

THE COURT MADE THE FOLLOWING:


                               ORDER

No representation on appellant's side on call.

2. There was no representation even on

11.08.2023.

3. Though the matter is listed on this day under

the caption for 'dismissal', yet there is no representation.

4. Hence, the appeal stands dismissed for

non-prosecution, without costs.

Sd/-

JUDGE

ABK