Smt Saramma vs Dinesha Kumar Narayana
2024 Latest Caselaw 942 Kant

Karnataka High Court

Smt Saramma vs Dinesha Kumar Narayana on 10 January, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                         -1-
                                                  NC: 2024:KHC:1301-DB
                                                  MFA No. 8727 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 10TH 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. 8727 OF 2022 (ECA)

             BETWEEN:

             1.    SMT. SARAMMA
                   W/O AMEDIA BEARE,
                   AGED ABOUT 53 YEARS,
                   2-16, NALEJALALU HOUSE,
                   PREBEA, KUNTHAUR,
                   DHAKSHINA KANNADA DISTRICT,
                   PERMANENT ADDRESS MEREAZA MALLA,
                   4TH CROSS, HASSAN 573 201.

             2.    HAMEDIA BEARE,
                   S/O. EBARAHIM,
                   AGED ABOUT 58 YEARS,
Digitally          2-16, NALEJALALU HOUSE,
signed by
SHAKAMBARI         PREBEA, KUNTHAUR,
Location:
HIGH COURT
                   DHAKSHINA KANNADA DISTRICT,
OF                 PERMANENT ADDRESS MEREAZA MALLA,
KARNATAKA
                   4TH CROSS, HASSAN 573 201.

                                                       ...APPELLANTS
             (BY SMT. KAVITHA H C., ADVOCATE)
             AND:

             1.    DINESHA KUMAR NARAYANA
                   CHALWALE S/O NARAYNA CHALWALE,
                   MAJOR, PLATA, NO.112,
                   HEARBI APARTMENT,
                              -2-
                                       NC: 2024:KHC:1301-DB
                                       MFA No. 8727 of 2022




     AKSHAYA HOTEL NEAR,
     DANDWADI, POONA,
     MAHARASHTRA STATE 411 001.
     (OWNER OF LORRY BEARING REGISTRATION NO.MH-
     12-KP-4057)

2.  THE MANAGER
    H.D.F.C. ERGO GENERAL INSURANCE COMPANY
    LIMITED REGIONAL OFFICE,
    NO.110, H.M. JENEWA HOUSE, KANEGAMA ROAD,
    BANGALORE-52.
                                        ...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A. FOR
SRI. PRADEEP B., ADVOCATE FOR R2, (VK NOT FILED))

     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 30(1)
EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND
AWARD DATED: 11.04.2019 PASSED IN ECA NO.07/2016 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
MACT, HASSAN, 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.,
DELIVERED THE FOLLOWING:
                          ORDER

Called again in the afternoon.

2. None appear for the appellants either physically or

through Video Conference. Learned counsel for respondent

No.2 alone is physically present.

NC: 2024:KHC:1301-DB

3. A perusal of the order sheet would go to show

that, inspite of granting sufficient opportunity for five

times, the appellant has not complied with the office

objections. Matter is being listed only to comply with office

objections for which, the appellant has not evinced interest

to comply the same inspite of sufficient adjournments and

pass over.

4. No reasons are forthcoming for non-appearance.

Hence, the Appeal stands dismissed for non-prosecution

as well as for non-compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE

Sk/-