Smt. Pushpa vs Smt. Shilpa
2024 Latest Caselaw 24781 Kant

Karnataka High Court

Smt. Pushpa vs Smt. Shilpa on 1 October, 2024

                                                   -1-
                                                               NC: 2024:KHC:40795
                                                          MFA No. 151 of 2021




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 1ST DAY OF OCTOBER, 2024

                                              BEFORE
                           THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 151 OF 2021 (MV-D)


                      BETWEEN:

                      1.    SMT. PUSHPA,
                            W/O LATE MANJUNATH,
                            AGED ABOUT 35 YEARS,

                      2.    HARISH KUMAR
                            S/O LATE MANJUNATH,
                            AGED ABOUT 17 YEARS,

                      3.    SHIVA KUMAR
                            S/O LATE MANJUNATH,
                            AGED ABOUT 15 YEARS,

                            SINCE APPELLANT NO. 2 AND 3 ARE MINORS,
                            THEY ARE REPRESENTED BY THEIR
Digitally signed by
                            MOTHER AND NATURAL GUARDIAN APPELANT NO.1,
AASEEFA PARVEEN
                      4.    SMT. RAJAMMA
Location: HIGH
COURT OF                    W/O MALLURAPPA,
KARNATAKA                   AGED ABOUT 55 YEARS,

                      5.    SHRI. MALLURAPPA
                            S/O HANUMANTHAPPA,
                            AGED ABOUT 62 YEARS
                            ALL ARE R/AT KODIHALLI
                            DODDABALLAPURA,
                            BENGALURU RURAL DISTRICT-561203.
                                                                    ...APPELLANTS
                      (BY SRI. GOWDA C. M.,ADVOCATE (ABSENT))
                            -2-
                                         NC: 2024:KHC:40795
                                      MFA No. 151 of 2021




AND:

1.   SMT. SHILPA
     W/O SHRI SURESH,
     NO.25, RAGHAVANAGARA,
     NEW TIMBER YARD LAYOUT,
     MYSURU ROAD,
     BENGALURU-560026.

2.   THE NEW INDIA ASSURANCE CO. LTD.,
     REGIONAL OFFICE,
     NO.9/2, MAHALAKSHMI CHAMBERS,
     M G ROAD, BENGALURU-560001

     (POLICY NO.67150031160100004041
     VALID FROM 31-12-2016 TO 30-12-2017)


                                            ...RESPONDENTS
(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2;
R1- SERVED BUT UNREPRESENTED)

       THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.11.2019 PASSED IN MVC
NO.5872/2017 ON THE FILE OF      II ADDITIONAL JUDGE AND
ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

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



CORAM:    HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                                   -3-
                                              NC: 2024:KHC:40795
                                             MFA No. 151 of 2021




                          ORAL JUDGMENT

No representation on appellants' side on call. There

was no representation even on 09.03.2023, 04.09.2024

and 18.09.2024.

2. Though the matter is listed under the caption

'for dismissal', yet there is no representation.

Hence, the appeal stands dismissed for non-

prosecution without costs.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:TSM