Sri Chandraiah vs Sri Chandra Shetty
2024 Latest Caselaw 6138 Kant

Karnataka High Court

Sri Chandraiah vs Sri Chandra Shetty on 29 February, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                   -1-
                                                                 NC: 2024:KHC:8383
                                                          MFA No. 2507 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.2507 OF 2015(MV-I)
                      BETWEEN:

                      SRI. CHANDRAIAH S/O THIMMAIAH,
                      AGED ABOUT 52 YEARS,
                      R/AT DODDABELAVADI,
                      HULIYAR HOBLI, C.N.HALLI TALUK,
                      TUMKUR DISTRICT.
                      NOW R/AT, 4TH CROSS,
                      MARALUR EXTENSION,
                      TUMKUR TOWN.
                                                                      ...APPELLANT
                      (BY SRI.B.A.RAMESH BABU., ADVOCATE [ABSENT])

                      AND:

                      1.    SRI. CHANDRA SHETTY
                            S/O ANAND SHETTY,
                            AGED ABOUT 47 YEARS,
Digitally signed by         R/AT, SRIDEVI HOTEL,
THEJASKUMAR N               NEAR S.K.N.THEATRE,
Location: HIGH              CHIKKANAYAKANAHALLI,
COURT OF
KARNATAKA                   TUMKUR DISTRICT.

                      2.    THE ORIENTAL INSURANCE CO. LTD.,
                            BRANCH OFFICE, 1ST FLOOR,
                            T.G.M.A. BUILDING, J.C.ROAD,
                            TUMKUR TOWN.
                                                                  ...RESPONDENTS
                      (BY SRI. S.Y.SHIVALLI., ADVOCATE FOR R2)

                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
                      AGAINST THE JUDGMENT AND AWARD DATED: 06.02.2014
                      PASSED IN MVC NO.1742/2008 ON THE FILE OF THE
                                -2-
                                              NC: 2024:KHC:8383
                                         MFA No. 2507 of 2015




ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XI, TUMKUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
    THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

When the matter is called, there is no representation on

behalf of the appellant, either personally or through video

conferencing.

As could be seen from the daily order sheet, the

captioned appeal was listed on 28.02.2024, on that day, though

matter called twice, there was no representation on behalf of

the appellant. Hence, the appeal was ordered to be listed on

29.02.2024.

The Appeal is listed today. As already noted above, when

the matter is called, there is no representation on behalf of the

appellant, either personally or through video conferencing. It

appears that the appellant is not interested in prosecuting the

appeal. Hence, the Miscellaneous First Appeal is dismissed for

non-prosecution.

Sd/-

JUDGE MRP