The Branch Manager vs Ramachandra
2023 Latest Caselaw 11416 Kant

Karnataka High Court

The Branch Manager vs Ramachandra on 21 December, 2023

                                              -1-
                                                          NC: 2023:KHC:46671
                                                       MFA No. 9376 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO. 9376 OF 2015 (MV-D)
                   BETWEEN:
                   THE BRANCH MANAGER,
                   THE NEW INDIA ASSURANCE CO. LTD.,
                   2ND CROSS, ASHOKA NAGARA, MANDYA,
                   NOW REPRESENTED BY ITS MANAGER AT
                   TP HUB, MAHALAKSHMI CHAMBERS,
                   NO.9, 2ND FLOOR, M.G. ROAD,
                   BANGALORE - 560 001.
                                                                ...APPELLANT
                   (BY SRI. M.P. SRIKANTH, ADVOCATE (ABSENT))

                   AND:
                   1.    RAMACHANDRA,
                         AGED 43 YEARS,
                         S/O NARAYANASHETTY,
                         R/O NO.292/B,
                         MUDAGANDUR VILLAGE AND POST,
Digitally signed
                         DUDDA HOBLI, MANDYA TALUK - 571 401.
by VINUTHA B S           (OWNER OF AUTO KA-11-A-2044)
Location: HIGH
COURT OF
KARNATAKA          2.    SOMASHEKARA,
                         AGED 38 YEARS,
                         S/O KARIGOWDA @ BALAIAH,
                   3.    SMT. MANGALAMMA,
                         AGE 33 YEARS,
                         W/O SOMASHEKARA,
                   4.    KUM. HEMALATHA,
                         AGED 21 YEARS,
                         D/O SOMASHEKARA,

                         NO. 2, 3 AND 4 ARE ALL
                         R/O GIDDEGOWDANA KOPPALU VILLAGE,
                             -2-
                                          NC: 2023:KHC:46671
                                        MFA No. 9376 of 2015




    DUDDA HOBLI, MANDYA TALUK - 571 401.
                                              ...RESPONDENTS
(BY SRI. R. BHADRINATH, ADVOCATE FOR R1;
     SRI. PRATHAP KUMAR M.S., ADVOCATE FOR R2 TO R4)
     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED
29.08.2015 PASSED IN MVC NO.1937/2012 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, MANDYA, AWARDING COMPENSATION OF RS.5,00,000/-
WITH INTEREST @ 9% P.A FROM THE DATE OF PETITION TILL
THE DATE OF DEPOSIT.

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

                         JUDGMENT

No representation on appellant's side on call.

2. There was no representation even on

29.11.2023 and 11.12.2023.

3. Though the matter is listed on theis days under

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

Hence, the appeal stands dismissed without costs for

non-prosecution.

Sd/-

JUDGE

CPN CT: BHK