Prathima Sheshanarayana vs New India Assurance Company Limited
2024 Latest Caselaw 26520 Kant

Karnataka High Court

Prathima Sheshanarayana vs New India Assurance Company Limited on 6 November, 2024

                                             -1-
                                                            NC: 2024:KHC:44661
                                                           MFA No. 972 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                           BEFORE
                      THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                 MISCELLANEOUS FIRST APPEAL NO. 972 OF 2022 (MV-I)
                 BETWEEN:
                 PRATHIMA SHESHANARAYANA,
                 W/O. SHESHANARAYANA,
                 AGED ABOUT 40 YEARS,
                 R/AT NO 165/28, 39TH CROSS,
                 2ND BLOCK, ESI HOSPITAL,
                 RAJAJINAGAR BENGALURU-560 010.
                                                                  ...APPELLANT
                 (BY SRI. SHANTHARAJ K.,ADVOCATE (ABSENT) )
                 AND:

                 1.    NEW INDIA ASSURANCE COMPANY LIMITED
                       BY ITS REGIONAL MANAGER,
                       REGIONAL OFFICE, NO. 9/2,
                       2ND FLOOR, MAHALAKSHMI CHAMBERS,
                       M. G. ROAD, BENGALURU - 560 001.
Digitally signed
by AASEEFA       2.    POOJA H. B.
PARVEEN                W/O. H S BOPAIAH,
                       AGED MAJOR, RESIDING AT NO 89,
Location: HIGH
                       HUNDI BEEDI,
COURT OF
                       HINKAL MYSURU - 570 017.
KARNATAKA
                 3.    H. R PREMA
                       D/O H S MURTHY, AGED MAJOR,
                       R/AT NO 1383 VANASIRI, 2ND STAGE,
                       VIJAYNAGAR, MYSURU- 570 017.
                                                               ...RESPONDENTS
                 (BY SRI. SEETHARAMA RAO B. C., ADVOCATE
                 AND SRI. ANUP SEETHARAM RAO.,ADVOCATE FOR R1;
                 SMT. B.P. RADHA, ADVOCATE FOR R3; R2 IS SERVED)
                                 -2-
                                             NC: 2024:KHC:44661
                                           MFA No. 972 of 2022




     THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 22.11.2019 PASSED IN
MVC NO.3665/2015 ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES JUDGE C/c. XXII ADDITIONAL SMALL CAUSE
JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-24),
DISMISSING THE CLAIM PETITION FOR COMPENSATION.

    THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:          HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA


                         ORAL JUDGMENT

No representation on appellant's side on call.

Smt.B.P.Radha, learned counsel for respondent No.3

is present.

There was no representation on appellant's side even

on 06.08.2024 and 14.08.2024. Though the matter is

listed under the caption 'for dismissal', yet there is no

representation. Hence, the appeal stands dismissed for

non-prosecution.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:TSM