Pradeep Kumar M vs Basavaraju
2024 Latest Caselaw 11894 Kant

Karnataka High Court

Pradeep Kumar M vs Basavaraju on 29 May, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                           -1-
                                                    NC: 2024:KHC:18313
                                                   MFA No. 877 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 29TH DAY OF MAY, 2024

                                          BEFORE
                         THE HON'BLE MR JUSTICE K.NATARAJAN
               MISCELLANEOUS FIRST APPEAL NO. 877 OF 2023 (MV-I)
               BETWEEN:

                     PRADEEP KUMAR M.,
                     S/O MAHADEVA,
                     AGED ABOUT 25 YEARS,
                     R/AT NO.125, 7TH 3RD STAGE,
                     KOPPALURU, J.P. NAGARA,
                     MYSORE - 570 008
                     (DRIVER OF CAR BEARING
                     REG NO.KA-04-P-2711
                                                          ...APPELLANT
               (BY SRI. SACHIN B.S., ADVOCATE)

               AND:

               1.    BASAVARAJU
Digitally            S/O LATE RAMASHETTY,
signed by V
KRISHNA              AGED ABOUT 44 YEARS,
                     R/AT ALAMBURU VILLAGE,
Location:
High Court           BILIGERE HOBLI,
of Karnataka         NANJANGUD TALUK,
                     MYSURU DISTRICT - 571 129.

               2.    PUNEETHA M.,
                     S/O MAHADEVA M.S.,
                     AGED MAJOR,
                     R/AT NO.1036/18,
                     VIDYARANYAPURAM,
                     MYSURU - 570 008,
                             -2-
                                        NC: 2024:KHC:18313
                                       MFA No. 877 of 2023




     OWNER OF CAR BEARING
     REG NO.KA-04-P-2711.

3.   SYED KHASIM KHAN,
     S/O SYED SAB JAN,
     R/A D.NO.86, YARAB NAGAR,
     B.M. ROAD,
     CHENNAPATTANA TOWN,
     RAMANAGARA DISTRICT - 562 159,
     R.C. OWNER OF CAR BEARING
     REG NO.KA-04-P-2711            ...RESPONDENTS


     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.02.2022 PASSED IN MVC
NO. 830/2019      ON THE FILE OF THE III ADDITIONAL
DISTRICT JUDGE AND MACT, MYSURU,              AWARDING
COMPENSATION OF RS. 57,776/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.

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

                         ORDER

1. Even though sufficient opportunity is given to the

appellant for making the statutory deposit for taking up

the matter and in similar situation, when the appellant did

not comply the office objection and not made the statutory

deposit, this Court has already dismissed the other two

connected matters.

NC: 2024:KHC:18313

2. Considering the same, the submission of the

learned counsel for the appellant cannot be accepted.

Hence the appeal is dismissed.

Sd/-

JUDGE

NG