Sri Mohammed Jain vs Sri Mallappa @ Malleshappa
2024 Latest Caselaw 11741 Kant

Karnataka High Court

Sri Mohammed Jain vs Sri Mallappa @ Malleshappa on 28 May, 2024

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                            -1-
                                                         NC: 2024:KHC:17827
                                                      MFA No. 1094 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF MAY, 2024

                                         BEFORE
                      THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                    MISCELLANEOUS FIRST APPEAL NO. 1094/2022 (MV-I)
               BETWEEN:

               1.    SRI. MOHAMMED JAIN,
                     AGED ABOUT 21 YEARS,
                     S./O SRI. TABREJ PASHA,
                     R/AT KOTE AREA, KHAZI MOHALLA,
                     BHADRAVATHI - 57730.

                     (THE DRIVER OF THE VEHICLE
                     BEARING NO. KA.01.HN.4108)

               2.    SRI. SYED REHAMAN,
                     AGED ABOUT 31 YEARS,
                     S/O SYED JAMSHAD,
                     R/A H.NO. 45, 17TH CROSS,
                     A.P.J. ABDUL KHALAM MAIN ROAD,
                     GOVINDAPURA, BANGALORE - 562 111.

                     (THE OWNER OF THE VEHICLE
                     BEARING NO. KA.01.HN.4108)
Digitally                                                     ...APPELLANTS
signed by      (BY SRI. PRABHAKARA LAXMANA SHETTY,
SOWMYA D        ADVOCATE(ABSENT))
Location:      AND:
High Court
of Karnataka   SRI. MALLAPPA @ MALLESHAPPA,
               AGED ABOUT 62 YEARS,
               S/O BASAPPA,
               R/AT HEBBANDI THANDA,
               BHADRAVATHI TALUK - 577 229.
                                                           ...RESPONDENT
               (BY SRI. MALLIKARJUN .C. BASAREDDY, ADVOCATE)
                   THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
               JUDGMENT AND AWARD DATED 10.03.2021 PASSED IN MVC
                                -2-
                                           NC: 2024:KHC:17827
                                        MFA No. 1094 of 2022




NO. 681/2019 ON THE FILE OF THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE, SITTING AT BHADRAVATHI, ADDITIONAL
MACT-IV, SHIVAMOGGA, AWARDING COMPENSATION OF RS.
64,620/- OUT OF THAT, RESPONDENT NO.1 AND 2 ARE LIABLE TO
PAY 50 PERCENT OF THE AMOUNT WITH INTEREST AT 6 PERCENT
P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE
ENTIRE CLAIM.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

The learned counsel for appellants is absent even

during the second call.

The office note discloses that all along time is sought

on behalf of the appellants, but there is no representation

on behalf of the appellants.

The learned counsel for the respondent is present.

Considering the conduct of the appellants, the appeal

stands dismissed for non-prosecution.

Sd/-

JUDGE

DS