H B Niranjan vs H B Om Prasad
2024 Latest Caselaw 6532 Kant

Karnataka High Court

H B Niranjan vs H B Om Prasad on 5 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                             -1-
                                                          NC: 2024:KHC:9234
                                                       MFA No. 3313 of 2016




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF MARCH, 2024

                                          BEFORE
                          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                  MISCELLANEOUS FIRST APPEAL NO.3313 OF 2016(MV-I)

                  BETWEEN:

                  H.B.NIRANJAN
                  S/O H.O.BELLIAPPA,
                  AGED ABOUT 25 YEARS,
                  R/O SANGAYYANPURA VILLAGE,
                  GONIMARUR POST,
                  SOMWARPET TALUK,
                  KODAGU DISTRICT-571 236.
                                                               ...APPELLANT
                  (BY SRI. VIDWATH.M.Y., ADVOCATE [ABSENT])

                  AND:

                  1.    H.B.OM PRASAD
                        S/O H.O.BELLIAPPA,
                        AGED ABOUT 25 YEARS,
Digitally signed by     R/O SANGAYYANPURA VILLAGE,
THEJASKUMAR N
                        GONIMARUR POST,
Location: HIGH
COURT OF                SAMWARPET TALUK,
KARNATAKA               KODAGU DISTRICT-57 236.

                  2.    NATIONAL INSURANCE COMPANY
                        2ND BLOCK, SY.NO.SD146/2C,
                        SAS NO.13, B.M.ROAD,
                        KUSHALNAGAR, KODAGU-571 234.
                                                            ...RESPONDENTS
                  (R1-DISMISSED V/O DATED:29.01.2024;
                     SRI. B.A.RAMAKRISHNA., ADVOCATE FOR R2)

                         THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                  SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
                                     -2-
                                                  NC: 2024:KHC:9234
                                             MFA No. 3313 of 2016




AGAINST THE JUDGMENT AND AWARD DATED: 09.11.2015
PASSED IN MVC NO.3/2014 ON THE FILE OF                  THE SENIOR
CIVIL JUDGE, MACT, MADIKERI.

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

When the matter is called there is no representation on

behalf of appellant, either personally or through video

conferencing.

Sri.B.A.Ramakrishna., learned counsel for respondent

No.2 has appeared in person.

A perusal of the daily order sheet depicts that this Court

vide order dated:29.01.2024 granted two weeks time to take

fresh steps in respect of respondent No.1, failing which, it was

ordered that the appeal as against respondent No.1 stands

dismissed automatically without reference to the Bench.

A perusal of the office note depicts that the appellant has

not made any efforts to do the needful in respect of respondent

No.1. In view of the earlier peremptory order, the appeal

against respondent No.1 stands dismissed. Furthermore, the

claim petition as against Insurance Company is dismissed.

NC: 2024:KHC:9234

Since the petition against respondent No.1 is dismissed and

claim petition is rejected against the Insurance Company,

nothing survives for consideration in the appeal.

Resultantly, the Miscellaneous First Appeal is dismissed.

Sd/-

JUDGE MRP