Sri Ravi vs Smt Leelavathi
2023 Latest Caselaw 2056 Kant

                                       -1-
                                                   MFA No. 4344 of 2021




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 28TH DAY OF MARCH, 2023
                                      BEFORE
                  THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
              MISCELLANEOUS FIRST APPEAL NO. 4344 OF 2021 (MV-D)
             BETWEEN:
             SRI RAVI
             S/O TAMMANNA
             AGED 30 YEARS,
             R/O CHEENYA VILLAGE
             NAGAMANGALA TALUK
             MANDYA DISTRICT-571432
             (OWNER OF THE VEHICLE BEARING
             REG NO.-KA-54-5135)
                                                               ...APPELLANT
             (BY SRI. HARIPRASAD M B., ADVOCATE)
             AND:
             1. SMT LEELAVATHI
                W/O LATE NARAYANA GOWDA
                AGED ABOUT 54 YEARS,

Digitally    2.   SRI SWAMYGOWDA
signed by
VEENA             S/O LATE NARAYANA GOWDA
KUMARI B
Location:         AGED ABOUT 41 YEARS,
High Court
of                BOTH ARE RESIDENTS OF:
Karnataka
                  BEERASHETTYHALLI VILLAGE
                  RAMAMANDIRA BEEDI
                  PANDAVAPURA TOWN AND TALUK
                  MANDYA DISTRICT-571434

             3.   SRI TAMMANNA @ TAMMANNAGOWDA
                  S/O LATE BOMMEGOWDA
                  AGED ABOUT 59 YEARS,
                  R/O CHEENYA VILLAGE, NAGAMANGALA TALUK
                           -2-
                                     MFA No. 4344 of 2021




     MANDYA DISTRICT-571432
     (DRIVER OF THE VEHICLE
     BEARING REG NO.KA-54-EY-5135)

4.   SRI NARASIMHA S N
     S/O SHIVANNA
     AGED MAJOR, R/O BOGADI SANTEBARE
     TATTAKERE POST, HOONAKERE HOBLI
     NAGAMANGALA TALUK
     MANDY DISTRICT-571432
     (INSURER OF THE VEHICLE BEARING
     REG NO.KA-54-EY-5135)

5.   IFFCO-TOKIO GENERAL
     INSURANCE COMPANY LTD.,
     NO.846, NEW KANTHA RAJA ARAS ROAD
     AKSHARA BANDARA, KUVEMPU NAGAR
     MYSORE -570023
     (INSURER OF THE VEHICEL BEARING)
     REG NO.KA-54-EY-5135
     POLICY NO.86391227 VALID FROM
     140-12014 TO 13-01-2015)

                                              ...RESPONDENTS
      THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.05.2017
PASSED IN MVC NO.1043/2014 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, AWARDING
COMPENSATION OF RS.7,09,600/- WITH INTEREST AT 9 PERCENT
P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                     -3-
                                              MFA No. 4344 of 2021




                                    ORDER

None appear in the matter either physically or through

video conference.

2. Inspite of granting sufficient opportunities of not

less than four times, appellant has not made good statutory

deposit. At the earliest point of time the office objection in that

regard was raised by registry, at the time of scrutiny of the

appeal. Thereafter, the matter was placed before the Court

which also, on few occasions has granted time to do the

needful in the matter. Inspite of the same, appellant has not

done the needful not even shown any reasons either for not

doing the needful or for nonappearance.

Hence, appeal stands dismissed for non-prosecution as

well as for not depositing the statutory amount.

Sd/-

JUDGE

BVK