General Manager vs Sharika W/O Umakanth Horande
2024 Latest Caselaw 12068 Kant

Karnataka High Court

General Manager vs Sharika W/O Umakanth Horande on 30 May, 2024

                                              -1-
                                                NC: 2024:KHC-K:3466-DB
                                                       MFA No. 201513 of 2023




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                            DATED THIS THE 30TH DAY OF MAY, 2024

                                           PRESENT

                          THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                              AND
                            THE HON'BLE MR. JUSTICE RAJESH RAI K

                        MISCL. FIRST APPEAL NO. 201513 OF 2023 (MV-D)

                   BETWEEN:

                   GENERAL MANAGER
                   THE ORIENTAL INSURANCE CO. LTD.,
                   1-1-80/17 FIRST FLOOR,
                   JHANSI LODGE BUILDING
                   JAWAJAR NAGAR, OPP. SUDARSHAN CINEMA
                   HYDERABAD, TELANGANA -500020.
                   THROUGH DIVISIONAL ASST. MANAGER,
                   THE ORIENTAL INSURANCE CO. LTD.,
                   SUPER MARKET KALABURAGI
                   NOW ASSISTANT MANAGER.
Digitally signed
by VARSHA N
RASALKAR                                                          ...APPELLANT
Location: HIGH     (BY SRI. S. S. ASPALLI, ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                   1.   SHARIKA
                        W/O UMAKANTH HORANDE,
                        AGE: 27 YEARS, OCC: HOUSEHOLD.

                   2.   ARAV
                        S/O UMAKANTH HORANDE,
                        AGE: 3 YEARS, MINOR U/G HIS REAL MOTHER
                        SHARIKA W/O UMAKANTH HORANDE
                        AGE :27 YEARS, OCC: HOUSEHOLD.
                           -2-
                            NC: 2024:KHC-K:3466-DB
                                  MFA No. 201513 of 2023




3.   SHANTABAI
     W/O TANAJI HORANDE,
     AGE: 60 YEARS, OCC: HOUSEHOLD,
     ALL ARE R/O B.V COLONY,
     UDAMGADDA,
     MAILARDEVPALLY
     BANDLAGUDA JAGIR
     RAJENDRANAGAR,
     K.V RANGAREDDY TELANGANA,
     NOW RESIDING AT VILLAGE TALWAD(M)
     TQ. BHALKI, DISTRICT: BIDAR.

4.   LIMOLINER INDIA PVT. LTD.,
     D. SATISH KUMAR 2ND FLOOR,
     202 SHIRDI SAI NILYAM,
     VIGNANPURI COLONY,
     KUKUATPALLY QUTHUBULLAPUR,
     HYDERABAD -500072.

                                         ...RESPONDENTS

(BY SRI. GANESH NAIK, ADVOCATE FOR R1 TO R3)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS IN MVC
NO.664/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDL. MACT BHALKI, DATED 29.11.2022.     SET ASIDE THE
JUDGMENT    AND   AWARD   DATED    29.11.2022   IN   MVC
NO.664/2019 PASSED BY SENIOR CIVIL JUDGE AND ADDL.
MACT BHALKI, BY ALLOWING THE ABOVE APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
                                 -3-
                                  NC: 2024:KHC-K:3466-DB
                                         MFA No. 201513 of 2023




                            JUDGMENT

Matter is called twice, both the in the morning

session and in the afternoon session. None appears for the

appellant. It appears that the appellant is not interested in

prosecuting this appeal.

Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

VNR

CT;BN