Smt. Amaramma vs M/S. Tata Aig General Insurance Co. Ltd
2023 Latest Caselaw 9697 Kant

Karnataka High Court

Smt. Amaramma vs M/S. Tata Aig General Insurance Co. Ltd on 7 December, 2023

                                            -1-
                                                        NC: 2023:KHC:44933
                                                      MFA No. 5692 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 5692 OF 2019 (MV-I)
                BETWEEN:

                      SMT.AMARAMMA,
                      W/O BASAPPA AMBAMMA,
                      RESIDING AT JANANI BUILDERS,
                      NO.27, ATTUR LAYOUT,
                      ATTUR MAIN ROAD, 4TH A CROSS,
                      YELAHANKA,
                      BANGALORE,
                      PIN 560064.

                                                              ...APPELLANT
                (BY SRI.SHIVA KUMAR G.M.,ADVOCATE)

                AND:

                1.    M/S.TATA AIG GENERAL INSURANCE CO. LTD.,
                      REPRESENTED BY ITS MANAGER,
Digitally             NO.69, 2ND FLOOR,
signed by JAI         J.P AND DEVI JAMBUKESWAR ARCADE,
JYOTHI J
                      MILLERS ROAD,
Location:             BANGALORE-560051.
HIGH COURT
OF
KARNATAKA       2.    SRI. NAVEEN,
                      PROPRIETOR OF SAM TOURS AND TRAVELS,
                      NO.42/COMPLAINANT,
                      SY NO.12/4, SHANTHIPURA,
                      NEAR ELECTRONIC CITY,
                      ANEKAL TALUK,
                      BANGALORE-560100.

                                                           ...RESPONDENTS
                (BY SRI.JANARDHAN REDDY.,ADVOCATE FOR R1)
                             -2-
                                         NC: 2023:KHC:44933
                                      MFA No. 5692 of 2019




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.02.2019 PASSED IN MVC
NO.1406/2018 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES,
MEMBER, MACCT-7, BENGALURU [SCCH-7], PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ECT,.

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

                       JUDGMENT

When this matter was listed on 05.12.2023 before

the Court, as there was no representation on behalf of the

appellant, this matter was directed to be listed under the

caption for dismissal on 06.12.2023. As there was no

representation on behalf of the appellant on that day

again the matter was directed to be listed under the

caption for dismissal on 07.12.2023. Today, the matter is

listed under the caption for dismissal. Today also there is

no representation on behalf of the appellant.

2. This is an appeal of the year 2019, they have not

even taken steps to serve notice on respondent No.2 even

for the first time. It appears that appellant is not

interested to pursue the matter.

NC: 2023:KHC:44933

3. Accordingly, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

RMS

CT:RMS