Karnataka High Court
The Oriental Insurance Co Ltd vs Smt Ramya on 9 January, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:1187-DB
MFA No. 8270 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 8270 OF 2016 (MV-D)
BETWEEN:
THE ORIENTAL INSURANCE CO LTD
CBO - 2, NO 1/1, CANNAUGHT ROAD,
QUEENS ROAD CROSS,
BANGALORE.
THROUGH ITS BENGALURU REGIONAL OFFICE
NO 44/45, LEO SHOPPING COMPLEX,
RESIDENCY ROAD CROSS,
BENGALURU - 560 025.
REPRESENTED BY ITS MANAGER
...APPELLANT
(BY SRI. S V HEGDE MULKHAND., ADVOCATE)
Digitally
signed by
SHAKAMBARI
Location:
HIGH COURT
AND:
OF
KARNATAKA
1. SMT. RAMYA
W/O LATE BOMMEGOWDA,
AGED ABOUT 24 YEARS,
R/O NO 69,
1ST CROSS,
2ND MAIN ROAD,
MANJUNATHANAGAR,
ITTAMADU,
BSK 2ND STAGE,
BENGALURU - 560 085.
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NC: 2024:KHC:1187-DB
MFA No. 8270 of 2016
2. DAKSHITHA
S/O LATE BOMMEGOWDA
AGED ABOUT 5 YEARS,
SINCE MINOR REP. BY HER MOTHER
AND NATURAL GUARDIAN,
SMT. RAMYA,
R/O NO 69, 1ST CROSS,
2ND MAIN ROAD,
MANJUNATHANAGAR,
ITTAMADU,
BSK 2ND STAGE,
BENGALURU - 560 085.
3. BHADRAKALAMMA
W/O LATE BOMMEGOWDA,
AGED ABOUT 61 YEARS,
R/O NO 69, 1ST CROSS,
2ND MAIN ROAD,
MANJUNATHANAGAR,
ITTAMADU,
BSK 2ND STAGE,
BENGALURU - 560 085.
4. THE PROPRIETOR
M/S INTEGRATED LOGISTICS PVT. LTD,
NO 122/5A, CHIKKATHAYAPPA LAYOUT,
CHALEKERE,
KALYANANAGAR BUS DEPOT,
NEAR SUSRUTHA NURSING HOME,
KALYANANAGAR,
BENGALURU - 560 043.
5. ANITHA D M
W/O PUTTASWAMY,
NO 65/2, 4TH CROSS,
KAVERIPURA,
KAMAKSHIPALYA,
BANGALORE - 560 079.
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NC: 2024:KHC:1187-DB
MFA No. 8270 of 2016
6. RELIANCE GENERAL INSURANCE CO. LIMITED,
NO 28, 5TH FLOOR,
CENTUANARY BUILDING,
M G ROAD, BANGALORE - 560 001.
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI. R.G. HALESHA., ADVOCATE FOR R1 AND R2
R2 IS MINOR REPRESENTED BY R1
R3 & R4 SERVED AND UNREPRESENTED
SRI.H.C. BETSUR ADVOCATE FOR R6)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED 20.08.2016 PASSED IN MVC NO.1230/2015 ON THE
FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE,
AWARDING COMPENSATION OF Rs.29,38,073/- WITH
INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, RAMACHANDRA D. HUDDAR J.,
DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant appeared through
video conference. He submits that he may be granted
time to take out paper publication against respondent
No.5.
2. The records of this appeal reveals that the
notices were issued to respondent No.5 thrice and as per
NC: 2024:KHC:1187-DB
order the dated 03.08.2022, the notice so issued returned
unserved and needful was not done.
3. Even after granting sufficient time on
03.08.2022, the appellant has not shown any interest in
taking steps against respondent No.5. No acceptable
reasons are assigned for adjournment. Hence, the appeal
against respondent No.5 is dismissed as steps not taken.
Sd/-
JUDGE
Sd/-
JUDGE
PSJ
