Smt. Sarojamma vs Imtiyaj Ahammed
2023 Latest Caselaw 9184 Kant

Karnataka High Court

Smt. Sarojamma vs Imtiyaj Ahammed on 4 December, 2023

                                              -1-
                                                            NC: 2023:KHC:43596
                                                          MFA No. 1093 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO.1093 OF 2016(MV-D)

                   BETWEEN:

                   1.    SMT. SAROJAMMA,
                         W/O. LATE MUDENURU PAKKIRAPPA,
                         AGED ABOUT 49 YEARS,
                   2.    KAVYA,
                         D/O LATE MUDENURU PAKKIRAPPA
                         AGED ABOUT 21 YEARS,

                         BOTH APPELLANTS ARE
                         R/O. KADAPPAR KHANA COMPOUND,
                         HONDADA CIRCLE DAVANAGERE,
                         DAVANAGERE - 570 001.
                                                                 ...APPELLANTS
                   (BY SMT. NAGAVEENA B. M.,ADVOCATE)
                   AND:

Digitally signed   1.    IMTIYAJ AHAMMED
by VINUTHA B S
Location: HIGH
                         S/O ABDUL SATTAR SAB,
COURT OF
KARNATAKA
                         AGED ABOUT 47 YEARS,
                         DRIVER OF MINI VAN
                         BEARING NO. KA-17-M-2726,
                         R/O BAHAR MAKHANA AREA,
                         HRIHARA, DAVANAGERE - 577 601.
                   2.    MAHABOOB REHAMAN,
                         S/O RAJA SAB,
                         AGED ABOUT 40 YEARS,
                         OWNER OF MINI VAN BEARING NO. KA-17-M-2726,
                         R/AT 10TH WARD, NEAR S.B.M. HARAPANAHALLI,
                         DAVANAGERE - 583 131.
                                 -2-
                                            NC: 2023:KHC:43596
                                         MFA No. 1093 of 2016




3.  THE MANAGER,
    THE NEW INDIA ASSURANCE COMP LTD.,
    WALI COMPLEX, SHIMOGA ROAD, HARIHARA,
    DAVANAGERE - 577 601.
                                       ...RESPONDENTS
(BY SRI. P. B RAJU, ADVOCATE FOR R3)

     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2014 PASSED IN
MVC NO. 730/2012 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-III,
DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING    ENHANCEMENT    OF
COMPENSATION.

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

No representation on appellants' side on call. There

was no representation even on 07.11.2023. Though the

matter is listed on this day under the caption 'for

dismissal', yet there is no representation. Hence, the

appeal is dismissed for non-prosecution.

Pending miscellaneous applications, if any, shall

stand closed.

Sd/-

JUDGE NS CT:TSM