Mukthamba S vs Sri Karthikeyan S
2023 Latest Caselaw 8766 Kant

Karnataka High Court

Mukthamba S vs Sri Karthikeyan S on 28 November, 2023

                                            -1-
                                                        NC: 2023:KHC:43267
                                                      MFA No. 1968 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 28TH DAY OF NOVEMBER, 2023
                                          BEFORE

                      THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                     MISCELLANEOUS FIRST APPEAL NO. 1968 OF 2019 (MV-D)

                BETWEEN:

                1.     MUKTHAMBA S
                       W/O. LATE. SOMASHEKARAPPA
                       AGED ABOUT 71 YEARS
                       R/AT. NO. 40,
                       SHIVASADANA,
                       1ST MAIN ROAD,
                       OPP MAHADESHWARA FLOUR MILL,
                       NEHARUNAGAR,
                       BENGALURU - 560 020

                2.     SHALINI MALLIKARJUN
                       W/O. MALLIKARJUN,
                       D/O. LT. SOMASHEKARAPPA,
                       R/AT. NO. 312,
                       1ST STAGE, 6TH MAIN,
                       KHB COLONY,
Digitally              BASAVESHWARANAGAR,
signed by JAI          BENGALURU 560 079
JYOTHI J
Location:
HIGH COURT      3.     APARNA C M
OF
KARNATAKA              W/O. DR. MAHESH,
                       D/O. SOMASHEKARAPPA,
                       R/O. NO. 66,
                       3RD MAIN, NAGENDRA BLOCK,
                       SBM COLONY,
                       BENGALURU 560 050
                                                             ...APPELLANTS
                (BY SRI CHANDRASHEKHAR B M.,ADVOCATE)
                             -2-
                                         NC: 2023:KHC:43267
                                      MFA No. 1968 of 2019




AND:

1.   SRI KARTHIKEYAN S
     S/O. SHANMUGAM,
     MAJOR,
     R/.O. NO. 10, NEW NO. 19,
     HUTCHINS ROAD,
     COOK TOWN, COX TOWN,
     BENGALURU -560 005

2.   UNITED INDIAN INSURANCE CO LTD
     487/1,
     CMH ROAD, INDRANAGAR,
     1ST STAGE,
     BENGALURU - 560 038

                                            ...RESPONDENTS



       THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED02.02.2018          PASSED IN MVC
NO.8254/2016 ON THE FILE OF THE XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

This is an appeal of 2019. Steps are not taken for

issuance of notice to Respondent Nos.1 and 2, even for the

second time. When the matter was listed before the court on

NC: 2023:KHC:43267

27.11.2023, there was no representation on behalf of the

appellant. Hence, the matter was directed to be listed for

dismissal on 28.11.2023. The matter is listed today, in the

forenoon as well as in the afternoon, there is no

representation on either side.

2. Accordingly, the appeal is dismissed for non- prosecution.

SD/-

JUDGE

TS