Sri. Padmanabha vs Ravi Kumar
2024 Latest Caselaw 4838 Kant

Karnataka High Court

Sri. Padmanabha vs Ravi Kumar on 16 February, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                         -1-
                                                   NC: 2024:KHC:6733-DB
                                                  MFA No. 4306 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 16TH DAY OF FEBRUARY, 2024
                                      PRESENT

                  THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

                                         AND

                  THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

                  MISCELLANEOUS FIRST APPEAL NO. 4306 OF 2023 (MV-I)

             BETWEEN:

             SRI. PADMANABHA
             S/O S. MURTHY,
             AGED ABOUT 48 YEARS,
             KPC EMPLOYEE AT BHADRA DAM,
             R/AT PRIYADHARSHINI LAYOUT,
             VINOBA NAGARA, SHIVAMOGGA.
                                                     ...APPELLANT
             (BY SRI. MAHESH KIRAN SHETTY S., ADVOCATE)
             AND:

             1.    RAVI KUMAR
                   S/O MANJAPPA,
Digitally
signed by
                   R/AT SULEBYLU, PATEL ROAD,
SHAKAMBARI         SHIVAMOGGA DISTRICT,
Location:          OWER OF THE TRACTOR
HIGH COURT
OF                 BEARING NO. KA-37-TA-669.
KARNATAKA

             2.    MANJUNATHA
                   S/O HONNAPPA,
                   AGED ABOUT 34 YEARS,
                   R/AT INDIRA NAGAR,
                   THIRTHAPPA CAMP,
                   SULEBYLU,
                   SHIVAMOGGA,
                   DRIVER OF THE TRACTOR
                   BEARING NO. KA-37-TA-669.
                               -2-
                                          NC: 2024:KHC:6733-DB
                                        MFA No. 4306 of 2023




3.   SRI. RAMA GENERAL INSURANCE
     COMPANY LIMITED,
     SHIVMOGGA,
     REPRESENTED BY ITS BRANCH MANAGER.
                                       ...RESPONDENTS

     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED 01.02.2021 PASSED IN MVC NO. 108/2015   ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M AND
ADDITIONAL          M.A.C.T.-VI,        SHIVAMOGGA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., MADE
THE FOLLOWING:
                            ORDER

Called again in the afternoon.

2. Learned counsel for the appellant neither present

physically nor through video conference.

3. Inspite of granting several and sufficient

opportunities of not less than seven times, the appellant

has not complied the office objections.

4. A perusal of the order sheet goes to show that

office objections due for compliance are trivial in their

nature like, respondent age to be stated in the appeal

memo, to state the correct date of disposal in the prayer

NC: 2024:KHC:6733-DB

para of the appeal memorandum, affixing the Advocate

Welfare Stamp of `.20/-, stating the number of days of

delay correctly in the I.A. for condonation of delay, learned

Advocate to sign in original second set. To comply these

objections, it would hardly take few minutes.

5. The appellant was granted seven opportunities.

Still he has not complied the same and not even appearing

atleast through video conference and shown reason for

non-compliance.

6. In view of the above circumstances, the appeal

stands dismissed for non-prosecution as well as for non-

compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE

Sk/-