Arpitha vs K M Dore Raj
2023 Latest Caselaw 9549 Kant

Karnataka High Court

Arpitha vs K M Dore Raj on 6 December, 2023

                                            -1-
                                                       NC: 2023:KHC:44216
                                                     MFA No. 1878 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 6TH DAY OF DECEMBER, 2023
                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                     MISCELLANEOUS FIRST APPEAL NO.1878 OF 2019 (MV-I)
                BETWEEN:

                1.    ARPITHA
                      D/O SHIVARUDRAPPA
                      AGE 24 YEARS
                      STUDENT
                      R/O ANVERI VILLAGE
                      BHADRAVATHI TALUK - 577301
                      SHIVAMOGGA DISTRICT.
                                                               ...APPELLANT
                (BY SMT. MANJULADEVI R. KAMADALLI, ADV., (ABSENT))
Digitally
signed by JAI
JYOTHI J        AND:
Location:
HIGH
COURT OF        1.    K.M. DORE RAJ
KARNATAKA             S/O K.H. MOHAN
                      AGE 30 YEARS
                      FACTORY WORKER
                      R/O ANJANEYA BEEDI
                      NAVULE EXTENSION
                      SHIVAMOGGA CITY - 577201.

                2.    IFFCO - TOKYO GENERAL INSURANCE CO LTD
                      SERVICING OFFICE
                      SHASHI IRAN BUILDING
                      1ST FLOR, OPP O M GANESH TRACTORS
                      SHANKAR MUTT ROAD
                      SHIVAMOGGA CITY - 577201.

                3.    RASHMI
                      D/O BENAKAPPA
                      AGE 24 YEARS
                      STUDENT
                      R/O. BENATANAHALLI VILLAGE
                               -2-
                                           NC: 2023:KHC:44216
                                        MFA No. 1878 of 2019




     HONNALLI TALUK-577217
     DAVANAGERE DISTRICT.

4.   LOKESH M.C.
     S/O CHANNABASAPPA
     AGE 53 YEARS
     OCC: AGRICULTURE
     R/O VALLABHA 2ND CROSS
     JAYANAGARA, SHIVAMOGGA CITY - 577201.

5.   THE MANAGER NATIONAL INSURANCE CO LTD
     1ST FLOOR, S C COMPLEX
     B H ROAD, SHIVAMOGGA CITY - 577201
     POLICY NO 60520031126260001116
     VALID FROM 05.06.2012 TO 04.06.2013.

                                              ...RESPONDENTS
(BY SRI. K.B. GOPAL, ADV., FOR R1
    SRI. A.M. VENKATESH, ADV., FOR R5
  R2 SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:12/01/2018, PASSED IN MVC
NO.293/2014, ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, CHIEF JUDICIAL MAGISTRATE AND MACT-VII,
SHIVAMOGGA, DISMISSING THE CLAIM PETITION FOR
COMPENSATION.

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

                         JUDGMENT

Earlier on 07.06.2022, two weeks' time was granted to do

the needful and this matter came up on 04.12.2023. On that

day, there was no representation on behalf of the appellant and

the matter was directed to be posted on 05.12.2023. Even on

NC: 2023:KHC:44216

that day there was no representation on behalf of the

appellant. To give further opportunity to the appellant, the

matter was directed to be posted today under the caption

'dismissal'. Today also there is no representation. It appears

that the appellant is not interested to pursue the matter.

2. Accordingly, the matter is dismissed for non-

prosecution. Consequently, I.A.No.1/2019 shall stand closed.

SD/-

JUDGE

RV