Basavarajappa H M vs Jayanna
2023 Latest Caselaw 8917 Kant

Karnataka High Court

Basavarajappa H M vs Jayanna on 29 November, 2023

                                            -1-
                                                        NC: 2023:KHC:43290
                                                     MFA No. 2084 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                          BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 2084 OF 2017 (MV-I)
                BETWEEN:

                BASAVARAJAPPA H.M,
                S/O MUNIYAPPA M,
                AGED ABOUT 64 YEARS,
                R/A ECHANUR VILLAGE,
                TIPTUR TALUK, TUMKUR DISTRICT.
                                                              ...APPELLANT
                (BY SRI. LAKSHMI KANTH K, ADVOCATE)

                AND:

                1.      JAYANNA,
                        S/O KALACHAR,
                        AGED ABOUT 52 YEARS,
                        RESIDING AT CHROMITE MINE EMPLOYEE,
Digitally
signed by JAI           BIDARE VILLAGE, BAGUR HOBLI,
JYOTHI J
Location:               CHANNARAYAPATNA TALUK,
HIGH
COURT OF                HASSAN TALUK - 542 112.
KARNATAKA

                2.      UNITED INDIA INSURANCE CO. LTD.,
                        REPRESENTED BY ITS MANAGER,
                        TIPTUR TALUK, TUMKUR DISTRICT - 572 11,
                        (INSURER OF TEMPO).

                3.      D.R. MAHALINGAIAH,
                        S/O RAMANNA,
                        AGED ABOUT 48 YEARS,
                        GURUGADAHALLI POST, TIPTUR TALUK,
                              -2-
                                          NC: 2023:KHC:43290
                                        MFA No. 2084 of 2017




      TUMKUR DISTRICT - 572 011,
      (DRIVER OF TEMPO).

4.    H.S. ANANTHASUBBARAYA,
      SINCE DEAD BY LRS,

4(A). H. A PRASAD,
      S/O LATE ANANTHASUBBARAYA,
      AGED ABOUT 69 YEARS,
      RESIDING AT HULIYAR TOWN,
      C.N HALLI TALUK, TUMKUR DISTRICT - 560 012.

5.    THE ORIENTIAL INSURANCE COMPANY LTD.,
      BY ITS MANAGER,
      J.C.ROAD BRANCH, TUMKUR - 561 012,
      (INSURER OF BUS).
                                         ...RESPONDENTS
(BY SRI. NAGENDRA SHETTY, ADVOCATE FOR R1)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.12.2016          PASSED IN MVC
NO.548/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
XIV   MACT,   AT   TIPTUR,   AWARDING    COMPENSATION    OF
RS.46,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM
THE DATE OF PETITION TILL REALIZATION.

      THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

This is an appeal of the year 2017. As per the office

objection, 50% of the award amount is not deposited and

NC: 2023:KHC:43290

even the steps are not taken for service of notice to

respondent Nos.2 to 5.

2. When the matter came up on 28.11.2023, there

was no representation on behalf of the appellant. Hence,

this matter was directed to be listed for today. Today

also, there is no representation. Having filed an appeal in

the year 2017 and obtained an interim order, till now no

steps are taken and also there is no representation. It

appears that the appellant has no interest to prosecute the

matter.

3. Accordingly, the appeal is dismissed for non-

prosecution.

SD/-

JUDGE

MEG

CT: BHK