Narasimhappa vs Narayanaswamy B.N
2023 Latest Caselaw 9525 Kant

Karnataka High Court

Narasimhappa vs Narayanaswamy B.N on 6 December, 2023

                                               -1-
                                                           NC: 2023:KHC:44183
                                                         MFA No. 3560 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO.3560 OF 2016(MV-I)
                   BETWEEN:

                         NARASIMHAPPA,
                         S/O NARASIYAPPA,
                         AGED 62 YEARS,
                         R/AT # 80/E, SINGANAHALLI,
                         GOWRIBIDANURU TALUK,
                         CHIKKABALLAPURA DISTRICT - 562 101.
                                                                  ...APPELLANT
                   (BY SRI. SRIDHAR D.S., ADVOCATE)

                   AND:

                   1.    NARAYANASWAMY B.N,
                         S/O NAGAPPA,
                         MAJOR,
Digitally signed         R/AT BIDARAGUPPE VILLAGE,
by VINUTHA B S
Location: HIGH
COURT OF
                         ATTIBELE HOBLI,
KARNATAKA
                         ANEKAL TALUK,
                         BENGALURU DISTRICT - 562 106.

                   2.    M/S. UNITED INDIA INSURANCE CO. LTD,
                         MOTOR THIRD PARTY CLAIMS HUB,
                         V & VI FLOOR, KRISHI BHAVANA,
                         5TH AND 6TH FLOORS,
                         NRUPATHUNGA ROAD,
                         HUDSON CIRCLE, BENGALURU - 560 002.
                         REPRESENTED BY ITS MANAGER.
                                                                ...RESPONDENTS
                   (BY SRI. MOHAN KUMAR T., ADVOCATE FOR R2)
                               -2-
                                           NC: 2023:KHC:44183
                                        MFA No. 3560 of 2016




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.01.2016 PASSED IN MVC
NO.1160/14 ON THE FILE OF THE 2ND ADDITIONAL SMALL
CAUSES JUDGE & 28TH ACMM, BENGALURU, 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

No representation on appellant's side on call.

2. On 20.02.2023 the following order was passed:-

"Two weeks time is granted to take steps to respondent No.1 failing which, the matter would be posted for dismissal on 09.03.2023."

3. Though such an order was passed, there is no

representation on appellant's side.

4. Hence, the appeal stands dismissed for non-

prosecution without costs.

Sd/-

JUDGE

PTM