Sri Shivakumar vs Smt. Gowramma
2023 Latest Caselaw 9529 Kant

Karnataka High Court

Sri Shivakumar vs Smt. Gowramma on 6 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                           NC: 2023:KHC:44077
                                                       MFA No. 4428 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 4428 OF 2020 (MV)
                   BETWEEN:

                   SRI SHIVAKUMAR
                   S/O CHANDRA CHARI
                   AGED ABOUT 48 YEARS
                   R/AT KALEGOWDANA KOPPALU VILLAGE
                   HUNSUR TALUK, MYSORE DISTRICT-571105.
                                                                 ...APPELLANT
                   (SRI. SHIVAKUMAR, APPELLANT [ABSENT])

                   AND:

                   1.    SMT. GOWRAMMA
                         W/O LATE M.D MAHADEVEGOWDASWAMY
                         AGED ABOUT 54 YEARS

                   2.    SRI NATARAJU
Digitally signed
by                       S/O LATE M.D. MAHDADEVEGOWDASWAMY
DHANALAKSHMI             AGED ABOUT 36 YEARS
MURTHY
Location: High
Court of           3.    SMT MANJULA
Karnataka                D/O LATE M.D MAHADEVEGOWDA SWAMY
                         AGED ABOUT 34 YEARS
                         R1 TO R3 ARE R/AT MEGALAPURA VILLAGE
                         MYDANAHALLI POST, YELWALA HOBLI
                         MYSORE TALUK & DISTRICT-571130.

                   4.    BHARATHI AXA GENERAL INSURANCE
                         COMPANY LIMITED
                         NO.2951/A, D29/1, FIRST FLOOR
                         TEMPLE ROAD, KALIDASA CIRCLE
                                -2-
                                             NC: 2023:KHC:44077
                                          MFA No. 4428 of 2020




    V.V. MOHALLA, MYSURU-570002

                                         ...RESPONDENTS
(BY SRI. PRATHEEP K C.,ADVOCATE FOR R1 TO R3:
NOTICE TO R4 UN SERVED)



     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED                 30.01.2020
PASSED IN MVC NO.972/2014            ON THE FILE OF THE JUDGE,
ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING
OFFICER,    SENIOR CIVIL JUDGE, MOTOR ACCIDENTS CLAIMS
TRIBUNAL,     MYSURU,      AWARDING        COMPENSATION       OF
RS.5,70,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.

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

                          JUDGMENT

Mr.B.S.Nagaraj, learned counsel for the appellant submits

that this Court vide order dated 21.10.2020 had granted stay of

impugned judgment and award of the Tribunal subject to

appellant depositing 50% of the award amount before the

Tribunal. He submitted that inspite of his best efforts, he was

not able to seek any instructions from his client to comply with

the said order. Therefore, he sent a notice to his client and the

same returned with an acknowledgement as 'refused'. Hence,

NC: 2023:KHC:44077

he has filed the memo dated 6.12.2023 for retirement from the

case along with the copy of the acknowledgment for having

sent the notice.

The memo is placed on record.

Mr.B.S.Nagarraj, learned counsel is permitted to retire

from the case.

It appears that the appellant is not interested in

prosecuting the case. Hence, the appeal is dismissed for non-

prosecution.

The amount in deposit, if any, is ordered to be

transferred to the Tribunal forthwith.

Sd/-

JUDGE

DM