Sri Narase Gowda vs United India Insurance Co. Ltd
2024 Latest Caselaw 27117 Kant

Karnataka High Court

Sri Narase Gowda vs United India Insurance Co. Ltd on 12 November, 2024

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                                                            NC: 2024:KHC:45705
                                                          MFA No. 2203 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                            BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO.2203 OF 2021(MV-D)
                   BETWEEN:

                   1.    SRI. NARASE GOWDA
                         S/O HANUMANTHARAYAPPA
                         AGED ABOUT 52 YEARS,

                   2.    SMT. JAYALAKSHMAMMA
                         W/O ARASE GOWDA
                         AGED ABOUT 43 YEARS,

                         BOTH ARE R/AT: KASAGHATTA
                         DODDAHEJJAJI,
                         DODDABALLAPURA TALUK,
                         BENGALURU RURAL DISTRICT,
                         PIN-562 204.
                                                                 ...APPELLANTS

Digitally signed   (BY SRI. B.P. SUPREETH, ADVOCATE (ABSENT))
by AASEEFA         AND:
PARVEEN
Location: HIGH     1.    UNITED INDIA INSURANCE CO. LTD
COURT OF                 KRISHI BHAVAN,
KARNATAKA
                         NEXT TO MAGISTRATE COURT,
                         NRUPATHUNGA ROAD,
                         BENGALURU-560001.
                         REP BY ITS MANAGER

                   2.    MR. TATTAPU RAMANA REDDY,
                         S/O. RAMANA REDDY
                         NO.15-245, NEHRUNAGAR,
                         GUDUR, ANDHRAPRADESH,
                         PIN-524101.
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                                       NC: 2024:KHC:45705
                                    MFA No. 2203 of 2021




3.   THE NEW INDIA ASSURANCE COMPANY LTD.,
     D O -III MAHALAKSHMI COMPLEX,
     M G ROAD, BENGALURU-560001
     REP BY ITS MANAGER.

4.   MR. BABU,
     S/O KRISHANPPA,
     NO.6 NAGENAHALLI,
     YELAHAKA, BENGALURU-560 064.

5.   MR. SHIVA KUMAR
     S/O. MARIYAPPA,
     NO.75, BIDALURU,
     NELAMANGALA,
     BENGALURU RURAL DISTRICT-562 123.
                                          ...RESPONDENTS
(BY SRI. H C VRUSHABHENDRAIAH, ADVOCATE FOR R1;
SRI. K. SUNIL, ADVOCATE FOR
SRI. LINGARAJ, ADVOCATE FOR R3;
R2, R4 AND R5- SERVED, UNREPRESENTED)

      THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT    AND   AWARD   DATED   08.07.2020   PASSED   IN
MVC NO.6262/2016    ON THE FILE OF THE     MEMBER, PRL.
MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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                                            NC: 2024:KHC:45705
                                         MFA No. 2203 of 2021




                         ORAL JUDGMENT

As it was reported that Sri.Shivakumar.P learned counsel

on record for the appellants is no more, this Court directed

Registry to send notice to the appellants giving intimation to

them to pursue the matter. Notice thus sent to the appellant

Nos.1 and 2 was duly served. However, appellant Nos.1 and 2

failed to make their appearance either in person or through

their appointed counsel. This reveals that the appellants are not

interested to pursue the appeal. Therefore, the appeal stands

dismissed for non-prosecution.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

DS CT:TSM