Reliance General Insurance ... vs Arjun Bala B
2023 Latest Caselaw 1848 Kant

                                                      -1-
                                                              MFA No. 3953 of 2020




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 14TH DAY OF MARCH, 2023

                                                  BEFORE
                           THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                           MISCELLANEOUS FIRST APPEAL NO. 3953 OF 2020 (MV-I)
                      Between:

                      Reliance General Insurance Company Ltd
                      No.28, Centenary Building
                      East Wing, 5th Floor,
                      Near City Bank, M.G. Road,
                      Bangalore 560001
                      Represented by its Manager
                                                                        ...Appellant
                      (By Sri. H N Keshava Prashanth, Advocate)

                      And:

                      1.    Arjun Bala B
                            S/o. Balasubramanian.,
                            Now Aged About 29 Years
                            R/O No. 9-25,
Digitally signed by
                            Annupandy South Street,
BANGALORE
MADHAVACHAR
                            Madurai
VEENA                       Tamilnadu State 625009
Location: High
Court of
Karnataka
                      2.    Sri Murali C
                            S/O Chinnapullai
                            Major
                            No. 166, Ramagondanahalli, White Field,
                            Bangalore 560066
                            (R.C. Owner Of Bus Reg No
                            KA-54-9995)
                                                                      ...Respondents
                      (Respondents are served and un-represented)

                                                   ****
                                 -2-
                                            MFA No. 3953 of 2020




      This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act, 1988, praying to call for the
records and     set aside the judgment and award dated
20-12-2019 passed in M.V.C.No.4843/2016 by the Motor
Accident claims Tribunal, Court of Small Causes, Bangaluru,
awarding compensation to the petitioner/respondent No.1
herein, in a sum of `3,89,420/- with interest at 9%, and further
directed the appellant herein to pay the same, by allowing the
above appeal, in the interest of justice and equity.

     This Miscellaneous First Appeal coming on for Final
Hearing through Physical Hearing/Video Conferencing, this day,
the Court made the following:

                            ORDER

Learned counsel for the appellant is neither present

physically nor through video conference nor any reasons are

forthcoming for the non-appearance of the learned counsel for the

appellant. The respondents, though served, have remained absent.

On the date 02-03-2023, this Court had made the

following observation:

"None appear for the appellant either physically or through Video Conference.

A perusal of the order sheet would go to show that the present appeal is of the year 2020, as such, one among the old matters before this roaster. When the matter was taken up on 28.02.2023 in two rounds, then also, learned counsel for the appellant had remained absent.

Thus, though the appeal could have been dismissed today for non-prosecution, however, as a final opportunity, one more adjournment is being granted to the appellant to appear and proceed further in the

MFA No. 3953 of 2020

matter, failing which, the Court may proceed to pass appropriate orders, including dismissal of the appeal for non-prosecution.

List the matter on 09.03.2023."

Thereafter, on the date 09-03-2023, this Court had made the

following observation:

"At the request of learned counsel for appellant who is appearing through video conference, as a final last chance, three days time as prayed is granted.

List the matter on 14.03.2023.

It is made clear that no further adjournments would be granted in the matter."

In spite of the above, since the learned counsel for the

appellant has neither appeared physically nor through video

conference nor even shown any reasons for his non-appearance in

the matter, it has to be inferred that the appellant is not interested

in prosecuting the appeal. Hence, the appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE

BMV*