Slns Transport vs Smt Manjula
2024 Latest Caselaw 6266 Kant

Karnataka High Court

Slns Transport vs Smt Manjula on 1 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                              -1-
                                                         NC: 2024:KHC:8761
                                                     MFA No. 5581 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.5581 OF 2016 (WC)
                BETWEEN:
                SLNS TRANSPORT LORRY SUPPLIER
                AND COMMISSION AGENCY,
                CHALLAGIRI RANGAPPA LAYOUT,
                FRONT OF RAVI MILL, P.B.ROAD,
                DAVANAGERE,
                RAPT.BY OWNER SRI.K.V.SHIVAKUMAR,
                S/O VEERAPPA,
                AGED ABOUT 42 YEARS.
                                                              ...APPELLANT
                (BY SRI. M.G.CONTRACTOR AND
                    SRI. JAGADEESH GOUD PATIL., ADVOCATE [ABSENT])

                AND:
                1.     SMT. MANJULA
                       W/O MANJUNATHA,
                       AGED ABOUT 46 YEARS,
Digitally signed by
THEJASKUMAR N 2.       MANJUNATH
Location: HIGH
COURT OF               S/O PACHHAMESTRI,
KARNATAKA              AGED ABOUT 48 YEARS,
                       BOTH ARE R/O KAIMARA,
                       CHIKKAMAGALUR DISTRICT-577 101.

                3.     HABIB SHA
                       S/O MAHABOOB BASHA,
                       AGED ABOUT 44 YEARS,
                       OCC: LORRY OWNER,
                       R/O P.H.COLONY,
                       18TH CROSS, TUMKUR-572 101.
                                                          ...RESPONDENTS
                (BY SRI. S.Y.KUMBAR., ADVOCATE FOR R1 AND R2)
                                  -2-
                                                    NC: 2024:KHC:8761
                                              MFA No. 5581 of 2016




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF WORKMEN'S COMPENSATION ACT, 1923,
AGAINST THE JUDGMENT AND DECREE DATED: 30.04.2016,
PASSED IN E.C.A.NO.67/2014 ON THE FILE OF THE 2ND
ADDITIONAL SENIOR CIVIL JUDGE, JMFC, CHIKKAMAGALURU,
AWARDING        A   COMPENSATION         OF   RS.9,08,080/-       WITH
INTEREST @ 12% P.A ON AWARDED AMOUNT AFTER EXPIRY
OF ONE MONTH FROM THE PERIOD FROM THE ACCIDENT TILL
ENTIRE REALIZATION.

      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:8761

the Miscellaneous First Appeal is dismissed for non-

prosecution.

Sd/-

JUDGE MRP