Shrishail Siddappa Managoli vs Shrikanth Ramanna Pujari And Anr
2024 Latest Caselaw 4383 Kant

Karnataka High Court

Shrishail Siddappa Managoli vs Shrikanth Ramanna Pujari And Anr on 13 February, 2024

                                                 -1-
                                                       NC: 2024:KHC-K:1490
                                                          MFA No. 202664 of 2022




                                IN THE HIGH COURT OF KARNATAKA,
                                       KALABURAGI BENCH
                            DATED THIS THE 13TH DAY OF FEBRUARY, 2024
                                              BEFORE
                           THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
                           MISC. FIRST APPEAL NO.202664 OF 2022 (MV-I)
                      BETWEEN:
                      SHRISHAIL SIDDAPPA MANAGOLI,
                      AGE: 42 YEARS, OCC: BUSINESS,
                      R/O. BASAVANA BAGEWADI ROAD,
                      HEBBAL, TQ: BASAVANA BAGEWADI,
                      DIST, VIJAYAPURA PIN CODE-586203.
                                                                     ...APPELLANT
                      (BY SRI. BABU H. METAGUDDA, ADVOCATE)
                      AND:
                      1.   SHRIKANTH RAMANNA PUJARI,
                           AGE: 22 YEARS, OCC: CLEANER,
                           R/O. BASAVA NAGAR, BAGALKOT ROAD,
                           VIJAYAPURA-586101.

                      2.   THE MANAGER
                           LEGAL/ CLAIMS, IFFCO TOKIO
                           GENERAL INSURANCE CO. LTD,
Digitally signed by        ASIAN AREA, OPP. TO SYNDICATE BANK
KHAJAAMEEN L
MALAGHAN                   NEAR ANAND HOTEL, S. B. TEMPLE ROAD,
Location: High             KALABURAGI-585102.
Court of Karnataka
                                                                  ...RESPONDENTS
                           THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
                      ACT, PRAYING TO A) CALL FOR THE RECORDS IN
                      MVC.NO.510/2020 ON THE FILE OF THE MOTOR ACCIDENT
                      CLAIMS TRIBUNAL NO.XV AT-VIJAYAPUR. B) ALLOW THIS
                      APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED:
                      11.11.2021 PASSED IN MVC NO.510/2020 BY THE MOTOR
                      ACCIDENT CLAIMS TRIBUNAL NO.XV AT-VIJAYAPUR AND
                      DIRECT THE RESPONDENT NO.2/INSURANCE COMPANY TO PAY
                      THE COMPENSATION TO THE CLAIMANT AND ETC.,
                           THIS APPEAL, COMING ON FOR DISMISAL, THIS DAY,
                      THE COURT MADE THE FOLLOWING:
                                    -2-
                                         NC: 2024:KHC-K:1490
                                           MFA No. 202664 of 2022




                                 ORDER

This appeal is filed by the owner of the vehicle

aggrieved by the award passed in MVC.No.510/2020 dated

11.11.2021, wherein the liability is fixed on the owner of

the vehicle.

02. This matter is listed before this Court under the

caption of non-compliance of office objections for fourth

time. The statutory deposit is not made by the owner of

the vehicle. This Court time and again had granted time to

the appellant to deposit the amount. In spite of the same,

even till today the appellant has not deposited the

amount. In an appeal of the year 2022, even after 02

years, he has failed to pay the statutory deposit.

03. Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

KJJ

CT:VD