Prabhu S/O Mahantappa Kashigar vs Srishail @ Srishailappa
2024 Latest Caselaw 4387 Kant

Karnataka High Court

Prabhu S/O Mahantappa Kashigar vs Srishail @ Srishailappa on 13 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                  -1-
                                                        NC: 2024:KHC-D:3408
                                                         MFA No. 101320 of 2015




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                               BEFORE
                              THE HON'BLE MR JUSTICE V.SRISHANANDA
                        MISCELLANEOUS FIRST APPEAL NO.101320 OF 2015 (MV-I)


                       BETWEEN:

                       PRABHU S/O. MAHANTAPPA KASHIGAR,
                       AGE:MAJOR, OCC:AGRICULTURE,
                       R/O: GARAG, TQ and DIST: DHARWAD.
                                                                    ...APPELLANT

                       (BY SRI. SURESH P.HUDEDAGADDI, ADVOCATE)

                       AND:

                       1.   SRISHAIL @ SRISHAILAPPA
                            S/O. GURUSIDDAPPA GANIGER,
                            AGE: 52 YEARS, OCC: FOOD GRAIN BUSINESS,
                            R/O: UPPINA BETAGERI, TQ and DIST: DHARWAD.
          Digitally
          signed by
          SAROJA
SAROJA    HANGARAKI    2.   VIJAYKUMAR G.PUJARI,
HANGARAKI Date:
          2024.02.19        AGE: MAJOR, OCC: OWNER OF
          16:00:19
          +0530             PRIVATE MARUTI CAR 800,
                            R/O. C/O: BHIMAPPA Y.UDOJI,
                            POST: TADAKOD, TQ and DIST: DHARWAD.

                       3.   THE DIVISIONAL MANAGER,
                            UNITED INDIA INSURANCE CO. LTD.,
                            LEA COMPLEX, 1ST FLOOR,
                            NEAR CORPORATION OFFICE,
                            DHARWAD.
                            -2-
                                 NC: 2024:KHC-D:3408
                                  MFA No. 101320 of 2015




4.   CHANDRAGOWDA
     S/O. BASANAGOWDA JATTINAGOWDAR,
     AGE: MAJOR, OCC: OWNER OF HMT TRACTOR,
     R/O: TIMMAPUR, POST: MAREWAD,
     TQ and DIST: DHARWAD.

5.   THE DIVISIONAL MANAGER,
     NEW INDIA ASSURANCE CO., LTD.,
     "SAVITRI SADAN" OPP. TO
     KITTLE COLLEGE, P.B.ROAD,
     DHARWAD.

                                         ...RESPONDENTS

(BY SRI. HANAMANT R.LATUR, ADVOCATE FOR R1;
    SRI. N.R. KUPPELLUR, ADVOCATE FOR R3;
    SRI. B.V. SOMAPUR, ADVOCATE FOR R4;
    SRI. M.Y. KATAGI, ADVOCATE FOR R5)


      THIS M.F.A. IS FILED U/S 173(1) OF MV ACT, AGAINST

THE JUDGMENT AND AWARD DATED:05.03.2015, PASSED IN

MVC NO.237/2011, ON THE FILE OF THE PRESIDING OFFICER,

FAST TRACK COURT & ADDL. MEMBER, MOTOR ACCIDENT

CLAIMS TRIBUNAL, DHARWAD, AWARDING COMPENSATION OF

Rs.3,29,121/- ALONG WITH THE INTEREST AT THE RATE OF

8% P.A FROM THE DATE OF PETITION TILL THE DATE OF

DEPOSIT.


      THIS M.F.A., COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                -3-
                                     NC: 2024:KHC-D:3408
                                        MFA No. 101320 of 2015




                            JUDGMENT

Heard learned counsels for the parties.

2. Respondent No.2 is the owner of Maruti car

bearing No.KA-22/M-0697. He is a necessary party for the

disposal of the appeal on merits as the liability fastened on

respondent No.5 is being challenged.

3. Sri.Suresh P Hudedgaddi, learned counsel for

the appellant submits that despite repeated instructions,

appellant is not co-operating with him to file necessary

application to take necessary steps to unserved

respondent No.2.

4. Placing his submission on record, appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

SH