Sri. Shabaz Shariff vs M/S. Icici Lombard Gic Ltd
2023 Latest Caselaw 9859 Kant

Karnataka High Court

Sri. Shabaz Shariff vs M/S. Icici Lombard Gic Ltd on 8 December, 2023

                                            -1-
                                                         NC: 2023:KHC:44631
                                                     MFA No. 2639 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 8TH DAY OF DECEMBER, 2023

                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 2639 OF 2019 (MV-I)
                BETWEEN:

                      SRI. SHABAZ SHARIFF,
                      AGED ABOUT 25 YEARS,
                      S/O SAMIULLA SHARIFF,
                      R/AT NO.322/2,
                      OLD MADRAS ROAD, BABA LINE,
                      DOORVANI NAGAR,
                      BANGALURU - 560 016
                                                             ...APPELLANT
                (BY SRI. SANTHOSH B L.,ADVOCATE)

                AND:

                1.    M/S. ICICI LOMBARD GIC LTD.,
                      MOTOR CLAIMS HUB,
Digitally             NO.121, THE ESTATE BUILDING,
signed by JAI
JYOTHI J              9TH FLOOR, DICKSON ROAD,
Location:             BANGALURU - 560 001.
HIGH
COURT OF
KARNATAKA
                2.    MR. N VELUSWAMY,
                      S/O NANJAPPA GOUNDER,
                      THITADA MANE, MOLAGANAKATTER VILLAGE,
                      KOTHANUR B BEAT POST,
                      KOLLEGAL TALUK,
                      CHAMARAJANAGAR DIST - 571 475.
                                                        ...RESPONDENTS
                (BY SRI. B. PRADEEP., ADVOCATE FOR R1)
                             -2-
                                         NC: 2023:KHC:44631
                                       MFA No. 2639 of 2019




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.09.2018         PASSED IN MVC
NO.4200/2017 ON THE FILE OF THE V ADDITIONAL SMALL
CAUSES JUDGE & XXIV ACMM, MEMBER, MACT, BENGALURU
[SCCH-20], MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,

     THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

On 28.11.2023, as there was no representation, this

Court had directed the matter to be listed under the

caption for dismissal on 29.11.2023. On 29.11.2023, this

Court had directed the matter to be listed on 08.12.2023

and by that time, if the steps are not taken, the appeal

shall stand dismissed. Today, there is no representation

on behalf of the appellant. This is an appeal of the year

2019, so far the steps are not taken for service of notice

on the respondents. It appears that the appellant is not

interested to pursue the matter.

NC: 2023:KHC:44631

2. Accordingly, the appeal is dismissed for non-

prosecution.

SD/-

JUDGE

MEG