Sri Ravi Kumar G S vs Sri Ashok Kumar B
2024 Latest Caselaw 11723 Kant

Karnataka High Court

Sri Ravi Kumar G S vs Sri Ashok Kumar B on 28 May, 2024

                                              -1-
                                                       MFA No. 6385 of 2021
                                                         NC: 2024:KHC:17935




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF MAY, 2024

                                           BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                               M.F.A NO.6385 OF 2021 (MV-I)
                   BETWEEN:

                        SRI RAVI KUMAR G S
                        S/O LATE SIDDAPPA
                        AGED ABOUT 35 YEARS
                        OCC: COOLIE WORK,
                        R/AT KURKI VILLAGE,
                        DAVANAGERE TALUK & DISTRICT
                        PIN CODE - 577006
                                                                 ...APPELLANT
                   (BY SRI. JAGADEESHA G S, ADVOCATE - ABSENT)

                   AND:

                   1.   SRI ASHOK KUMAR B
                        S/O BHAVAR LAL GANESHRAMJI SIRVI
                        OWNER OF CAR BEARING REG NO.KA 17, P-3805,
                        R/AT DOOR NO.177/D, SANTHE BENNUR VILLAGE,
                        CHANNAGIRI TALUK, DAVANAGERE DISTRICT
Digitally signed
by REKHA R
Location: High
                   2.   SRI SATISH H T
Court of                S/O THIPPESWAMY @ SATEESH
Karnataka               AND RATNAMMA
                        DRIVER OF CAR BEARING REG NO.KA 17, P-3805,
                        R/AT DOOR NO.499, BEHIND SHARADA CONVENT
                        SCHOOL, 177/D, SANTHE BENNUR VILLAGE,
                        CHANNAGIRI TALUK, DAVANAGERE DISTRICT

                   3.   THE MANAGER
                        THE NEW INDIA ASSURANCE COMPANY LTD.,
                        BRANCH OFFICE NO.289/12, 2ND FLOOR,
                        A.M. ARCADE, NEAR VIDYARTHI BHAVANA, C.G.
                        HOSPITAL ROAD, DAVANAGERE TALUK & DISTRICT
                                                            ...RESPONDENTS
                             -2-
                                         MFA No. 6385 of 2021
                                           NC: 2024:KHC:17935




     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO ENHANCE THE COMPENSATION TO RS.3,00,000/-
FROM THE AWARDED AMOUNT OF RS.93,500/- BY MODIFYING
THE JUDGMENT AND AWARDED IN MVC NO.321/2019 DATED
18.09.2019 PASSED BY THE LEARNED PRINCIPAL SENIOR
CIVIL JUDGE AND MACT-IV AT DAVANAGERE BY ALLOWING
THIS MFA WITH COSTS, IN THE INTEREST OF JUSTICE AND
EQUITY.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

Vide order dated 20.03.2024, two weeks time was

granted to comply with the office objections, failing which

the matter would be dismissed for default. Despite the

same, office objections are not complied with.

Hence, appeal is dismissed for default for non

compliance of office objections.

Sd/-

JUDGE RR