Sri Shaffi @ Shaffiulla vs M/S New India Assurance Co Ltd
2024 Latest Caselaw 6264 Kant

Karnataka High Court

Sri Shaffi @ Shaffiulla vs M/S New India Assurance Co Ltd on 1 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                                NC: 2024:KHC:8762
                                                          MFA No. 3033 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 1ST DAY OF MARCH, 2024

                                               BEFORE

                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                      MISCELLANEOUS FIRST APPEAL NO.3033 OF 2016 (WC)

                      BETWEEN:

                      SRI SHAFFI @ SHAFFIULLA,
                      S/O GHOUSE PEER,
                      AGED ABOUT 30 YEARS,
                      R/AT S.T.S.BAGALUR CROSS,
                      YELAHANKA,
                      BENGALURU-560 064.
                                                                     ...APPELLANT
                      (BY SRI. K.R.MURALI KRISHNA AND
                          SRI. B.P.NAGARAJU., ADVOCATES [ABSENT])
                      AND:

                      1.    M/S NEW INDIA ASSURANCE CO. LTD.,
                            REP. BY ITS DIVISIONAL MANAGER,
                            DO-8, NO. 47, GOPAL COMPLEX,
                            2ND FLOOR, BAZAAR STREET,
Digitally signed by
THEJASKUMAR N               YESHWANTHPUR,
Location: HIGH              BENGALURU-560 022.
COURT OF
KARNATAKA
                      2.    SRI. R.GOPALACHARI
                            NO.38, MARUTHI NAGAR,
                            YELAHANKA, BENGALURU DISTRICT,
                            BENGALURU-560 064.

                            ALSO AT M/S GOPAL BROTHERS,
                            WORKS SPARES, VENKATLA VILLAGE,
                            YELAHANKA,
                            BENGALURU-560 064.
                                                                 ...RESPONDENTS
                      (BY SRI. B.R.VENKATESH KAMAT., ADVOCATE FOR R1)
                                  -2-
                                                    NC: 2024:KHC:8762
                                              MFA No. 3033 of 2016




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE WORKMEN COMPENSATION ACT, 1923,
AGAINST THE JUDGMENT AND AWARD DATED: 12.02.2016
PASSED ON ECA NO.103/2014 ON THE FILE OF THE 3RD
ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES
AND MACT, BENGALURU, DISMISSING THE CLAIM PETITION
AND GRANT SUCH OTHER RELIEFS.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:


                                ORDER

Though matter called twice, there is no representation on

behalf of the appellant, either personally or through video

conferencing.

As could be seen from the appeal papers, the appeal is

filed in the year 2016. Now we are in the month of March 2024.

The appeal is pending for almost eight years.

As already noted above, though matter called twice, 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,

NC: 2024:KHC:8762

the Miscellaneous First Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE MRP