Mr Sayyad Mohammed Zahid vs Mr Vasanth Kumar
2023 Latest Caselaw 9187 Kant

Karnataka High Court

Mr Sayyad Mohammed Zahid vs Mr Vasanth Kumar on 4 December, 2023

                                            -1-
                                                        NC: 2023:KHC:43557
                                                     MFA No. 2790 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                          BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 2790 OF 2017 (MV-I)
                BETWEEN:

                MR. SAYYAD MOHAMMED ZAHID,
                S/O ABDUL SAMAD,
                AGED ABOUT 24 YEARS,
                R/AT S S MANZIL, ALADANGADY POST,
                BADAGA, KEDDU VILLAGE HOUSE,
                KARANDOORU VILLAGE,
                BELTHANGADY TALUK, D.K. - 574 242.
                                                              ...APPELLANT
                (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE)

                AND:

                1.    MR. VASANTH KUMAR,
                      MAJOR, S/O LAXMI SHETTY,
Digitally
signed by JAI         R/AT 2-97-1, UJIRE, BELTHANGADY,
JYOTHI J
Location:             BELTHANGADY TALUK, D.K. DISTRICT - 574 240.
HIGH
COURT OF
KARNATAKA       2.    THE ORIENTAL INSURANCE CO. LTD.,
                      REB COMPLEX, 1ST FLOOR,
                      D NO.2-6/26(13), THOKKOTU,
                      ULALLA, MANGALORE TALUK,
                      D.K. DISTRICT - 575 021,
                      REPRESENTED BY ITS BRANCH MANAGER.
                                                           ...RESPONDENTS
                (BY SRI. R. GUNASHEKAR, ADVOCATE FOR R2)
                                -2-
                                            NC: 2023:KHC:43557
                                       MFA No. 2790 of 2017




      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.4.2016            PASSED IN MVC
NO.1404/2014 ON THE FILE OF THE MEMBER MACT-III AND II
ADDITIONAL         DISTRICT     AND       SESSIONS     JUDGE,
D.K.MANGALURU, PARTLY ALLOWING THE CLAIM PETITION
FOR    COMPENSATION      AND    SEEKING    ENHANCEMENT     OF
COMPENSATION.

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

                         JUDGMENT

This Court on 18.11.2023 had directed the appellant

to take out service of notice to respondent No.1 by way of

substituted service and also it is observed that by that

time, if the application is not filed, the appeal will stand

dismissed on that ground insofar as respondent No.1 is

concerned.

2. As the liability is fixed on respondent No.1 and

order is not complied with, the appeal is dismissed.

SD/-

JUDGE

MEG

CT: BHK