Sri Eranna S/O Malkappa Kumar vs Sri Sidram S/O Veerbhadrappa Harval And ...
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Karnataka High Court

Sri Eranna S/O Malkappa Kumar vs Sri Sidram S/O Veerbhadrappa Harval And ... on 1 February, 2024

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

                                              -1-
                                                NC: 2024:KHC-K:1175-DB
                                                      MFA No.200585 of 2015




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                           PRESENT

                          THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                              AND
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                          MISCL. FIRST APPEAL NO.200585 OF 2015 (MV-I)

                   BETWEEN:

                   SRI ERANNA S/O MALKAPPA KUMAR
                   AGED 45 YEARS
                   OCC: GOVT. TEACHER
                   R/O KALHANGARGA
                   TALUK: JEWARGI, DIST: GULABRGA
                   NOW RESIDING AT HOUSE NO.10-122
                   PLOT NO.8, SANGAMESHWAR COLONY
                   KALABURGI - 585 103.
                                                               ...APPELLANT
Digitally signed
by SWETA
                   (APPELLANT NOT SERVED AS ADDRESS NOT FOUND)
KULKARNI
Location: HIGH
COURT OF           AND:
KARNATAKA

                   1.   SRI SIDRAM
                        S/O VEERBHADRAPPA HARVAL
                        AGED ABOUT 45 YEARS
                        R/O HOUSE NO.110,11
                        SHANTINAGAR
                        M.S.K. MILL ROAD
                        KALABURAGI - 585 103.

                   2.   THE NATIONAL INSURANCE CO.LTD.,
                        M.G. COMPLEX
                        OPP: MINI VIDHANA SOUDHA
                        MAIN ROAD, KALABURAGI - 585 102.
                              -2-
                               NC: 2024:KHC-K:1175-DB
                                     MFA No.200585 of 2015




                                       ...RESPONDENTS
(BY SRI SHIVANAND PATIL, ADVOCATE FOR R2)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 16.01.2015
PASSED IN M.V.C.NO.1035/2010 ON THE FILE OF THE
PRL. SENIOR CIVIL JUDGE AND C.J.M. AT KALABURAGI C/C
I ADDL. SENIOR CIVIL JUDGE AND M.A.C.T. AT KALABURAGI,
DISMISSING THE CLAIM PETITION AND TO PASS ANY OTHER
APPROPRIATE ORDER AS MAY BE NECESSARY, IN THE
INTEREST OF JUSTICE.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:

                          JUDGMENT

This appeal is filed calling in question the judgment

dated 16.01.2015 in MVC No.1035/2010 on the file of the I-

Additional Senior Civil Judge and MACT, Kalaburagi [for

short, 'the Tribunal']. The Tribunal by the impugned

judgment has dismissed the claim petition. The appellant

was initially represented by a learned Member of the Bar

who is now designated as a Senior Counsel. Thereafter,

Court notices are issued to the appellant and these notices

are returned. After this Court's previous order, notice is

NC: 2024:KHC-K:1175-DB

sent through the office of the bailiff with the Principal

District and Sessions Judge, Kalaburagi and the bailiff has

reported stating that address is not found.

In the circumstances, this Court must dismiss the

appeal for non-prosecution and it stands dismissed

accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

SWK

Ct;Vk