Kiran M vs Imtiyaz Pasha
2024 Latest Caselaw 954 Kant

Karnataka High Court

Kiran M vs Imtiyaz Pasha on 10 January, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                         -1-
                                                   NC: 2024:KHC:1302-DB
                                                  MFA No. 5008 of 2023




                  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. 5008 OF 2023 (MV-I)

             BETWEEN:

             KIRAN M
             S/O SRI. MUNISH V,
             AGED ABOUT 28 YEARS,
             R/AT 2, 2ND MAIN,
             12TH CROSS,
             NEAR ANAND MURTHY SCHOOL,
             GANDHINAGAR,
             KOLAR CITY 563 101.

                                                       ...APPELLANT
             (BY SRI. SRIDHAR D.S., ADVOCATE)
             AND:
Digitally
signed by
SHAKAMBARI   1.    IMTIYAZ PASHA
Location:
HIGH COURT         S/O SYED SALEHA, MAJOR,
OF
KARNATAKA          NEAR RAILWAY GATE,
                   MAHABOOB NAGAR,
                   KOLAR 563 101.

             2.    M/S THE NEW INDIA ASSURANCE CO. LTD,
                   REP BY ITS MANAGER,
                   # 9/S, MAHALAKSHMI CHAMBERS,
                   M G ROAD, BENGALURU 560 001.

                                                       ...RESPONDENTS
                                 -2-
                                            NC: 2024:KHC:1302-DB
                                           MFA No. 5008 of 2023




     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED 15.04.2023 PASSED IN MVC NO. 1589/2019 ON THE
FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF
SMALL CAUSES, C/c XXII ADDITIONAL SMALL CAUSES JUDGE
AND ACMM, MEMBER, MACT, BENGALURU (SCCH-24)
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 appears either physically or through

Video Conference. Learned counsel for respondent No.2

alone is physically present.

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.

NC: 2024:KHC:1302-DB

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/-