The Oriental Insurance Co Ltd vs Sri B R Sanjay
2024 Latest Caselaw 787 Kant

Karnataka High Court

The Oriental Insurance Co Ltd vs Sri B R Sanjay on 9 January, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                           -1-
                                                   NC: 2024:KHC:1062-DB
                                                  MFA No. 4729 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. 4729 OF 2016 (MV-I)

             BETWEEN:

             THE ORIENTAL INSURANCE CO. LTD.,
             D.O. NO.213-217,
             "NAGAPRABHA",
             3RD MAIN ROAD, 4TH CROSS,
             CHAMARAJPET,
             BANGALORE-560 018.
             REPRESENTED BY ITS DIVISIONAL MANAGER,

             AND ALSO:
             THE ORIENTAL INSURANCE CO. LTD.,
             R.O 44/46, RESIDENCY CROSS ROAD,
             LEO SHOPPING COMPLEX,
Digitally    BANGALORE-560025.
signed by    REPRESENTED BY ITS DIVISIONAL OFFICER
SHAKAMBARI
Location:
HIGH COURT                                             ...APPELLANT
OF
KARNATAKA
             (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE)
             AND:

             1.    SRI B.R. SANJAY,
                   SRI B.S. RAJENDRAPPA,
                   AGED ABOUT 48 YEARS,
                   RESIDING AT NO.505,
                   7TH MAIN, 23RD CROSS,
                   4TH BLOCK, JAYANAGAR,
                   BANGALORE-560011.
                              -2-
                                         NC: 2024:KHC:1062-DB
                                        MFA No. 4729 of 2016




2.   SRI RAJAKUMAR,
     S/O VENKATE GOWDA,
     MAJOR,
     RESIDING AT NO.1/12,
     2ND MAIN ROAD, 2ND CROSS,
     BYATARAYANAPURA,
     MYSORE ROAD,
     BANGALORE-560056.

                                                 ...RESPONDENTS

(R1 SERVED AND UNREPRESENTED)
     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED: 12.04.2016 PASSED IN MVC NO. 2900/2010 ON THE
FILE OF THE MEMBER, MACT, 16TH ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, BENGALURU, AWARDING
COMPENSATION OF RS.22,60,000/- WITH INTEREST AT 6%
P.A. FROM THE DATE OF PETITION TILL THE DATE OF
PAYMENT.

     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.2.

2. The records of this appeal reveals that the notices

were issued to respondent No.2 thrice and as per order the

dated 17.02.2022, the notice so issued returned unserved and

needful was not done.

NC: 2024:KHC:1062-DB

3. Even after granting sufficient time on 17.02.2022,

the appellant has not shown any interest in taking steps against

respondent No.2. No acceptable reasons are assigned for

adjournment. Hence, the appeal against respondent No.2 is

dismissed as steps not taken.

Sd/-

JUDGE

Sd/-

JUDGE

PSJ