Smt. Saraswathi vs Smt. Veena Nagaraja
2024 Latest Caselaw 24928 Kant

Karnataka High Court

Smt. Saraswathi vs Smt. Veena Nagaraja on 16 October, 2024

                                             -1-
                                                         NC: 2024:KHC:41702
                                                      MFA No. 5097 of 2021




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                          BEFORE
                            THE HON'BLE MR JUSTICE C M JOSHI
                   MISCELLANEOUS FIRST APPEAL NO. 5097 OF 2021 (MV-I)
                   BETWEEN:

                   1.   SMT. SARASWATHI
                        W/O LATE T.V.KRISHNA
                        AGED ABOUT 52 YEARS
                        RESIDING AT HANAMBI ROAD
                        NEHRU NAGAR, SAGARA
                        SHIVAMOGGA - 577 401

                   2.   ABDUL ROOF
                        S/O MOHAMMED BUDAN SAB
                        AGED ABOUT 59 YEARS
                        RESIDING AT ANANDAPURA
                        HOSANAGARA ROAD, SAGARA TALUK
                        SHIVAMOGGA - 577 401
                                                                ...APPELLANTS
                   (BY SRI. AJITH A SHETTY, ADVOCATE- ABSENT)

Digitally signed   AND:
by NANDINI R
Location: High     1.   SMT. VEENA NAGARAJA
Court of
Karnataka               W/O. NAGARAJ
                        AGED ABOUT 46 YEARS
                        RESIDING AT KOLIKAALUGUDDA
                        THEERTHAHALLI TOWN,
                        SHIVAMOGGA - 577 432

                   2.   UNITED INSURANCE COMPANY LIMITED
                        GOVINDA KRUPA, I.C.ROAD,
                        SAGARA TALUK
                        SHIVAMOGGA - 577 401
                                                            ...RESPONDENTS
                              -2-
                                            NC: 2024:KHC:41702
                                          MFA No. 5097 of 2021




      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.12.2019 PASSED IN MVC NO.
102/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
AMACT, -14, THIRTHAHALLI, AWARDING COMPENSATION OF
RS.4,77,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE
OF PETITION TILL THE DATE OF DEPOSIT.

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

CORAM:     HON'BLE MR JUSTICE C M JOSHI


                        ORAL JUDGMENT

None appears on behalf of the appellants. It is seen from

the records that this appeal was dismissed once for non

compliance of the office objections. Subsequently, by order

dated 18.01.2024, the appeal was restored subject to condition

that the office objections have to be complied within two

weeks. Despite such stipulation in the order, the appellants

have not complied with the office objections. Therefore, the

appellants are not entitled for the benefit of the order dated

18.01.2024. Consequently, the appeal is dismissed.

Sd/-

(C M JOSHI) JUDGE

BN