Sri Srinivasa S/O G Adinarayana vs Sri.Nissar Ahmed
2023 Latest Caselaw 11079 Kant

Karnataka High Court

Sri Srinivasa S/O G Adinarayana vs Sri.Nissar Ahmed on 19 December, 2023

                                              -1-
                                                          NC: 2023:KHC:46411
                                                        MFA No. 1397 of 2015




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 19TH DAY OF DECEMBER, 2023
                                           BEFORE

                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                    MISCELLANEOUS FIRST APPEAL NO. 1397 OF 2015 (MV-I)

                   BETWEEN:

                   1.    SRI SRINIVASA
                         S/O G ADINARAYANA,
                         AGED ABOUT 23 YEARS,
                         R/AT C/O SYED GOUSE,
                         S/O SYED BUDEN SAB,
                         D NO.281/4, 1ST MAIN,
                         5TH CROSS, JALINAGAR,
                         DAVANAGERE TALUK & DISTRICT.
                                                             ...APPELLANT

                   (BY SRI. M.R. HARISH KUMAR., ADVOCATE (ABSENT))
                   AND:

                   1.    SRI.NISSAR AHMED
                         S/O LATE MOHD SAB,
                         AGED ABOUT 42 YEARS,
Digitally signed
by VINUTHA B S           KA-16-A-6226 LORRY DRIVER,
Location: HIGH
COURT OF                 R/O 2ND MAIN,
KARNATAKA
                         2ND CROSS, JALINAGAR,
                         DAVANAGERE TALUK & DISTRICT -577001.

                   2.    SRI K S RIYAJUDDIN
                         S/O M K SIRAJUDDIN,
                         AGED ABOUT 41 YEARS,
                         KA-16-A-6226 LORRY OWNER,
                         R/O NEAR BADAMAK, 1ST CROSS,
                         JOGIMUTT ROAD,
                         CHITRADURGA TALUK & DISTRICT-577 501.
                                   -2-
                                               NC: 2023:KHC:46411
                                           MFA No. 1397 of 2015




3.    THE MANAGER,
      SRIRAMA GENERAL INSURANE CO. LTD.,
      NO.10003 E-8, RIICO INDUSTRIAL AREA,
      SEETAPURA, JAIPUR,
      RAJSTHAN STATE 302 022.
                                          ...RESPONDENTS

(BY SRI. B C SHIVANNE GOWDA., ADVOCATE FOR R3 (PH)
R2 SERVED AND UNREPRESENTED)

     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 7.6.2013 PASSED IN MVC
NO.25/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, MACT-4, DAVANGERE, DISMISSING THE CLAIM
PETITION FOR COMPENSATION.

     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

No representation on appellant's side on call. There was

no representation even on 11.12.2023. Though the matter is

listed under the caption for 'Dismissal' yet there is no

representation. Hence, I.A.No.1/2015 which is filed for

condonation of delay is dismissed for default and

consequently, the appeal also stands dismissed.

Sd/-

JUDGE

PSJ