Smt Rathnamma vs Sri Aboobacker
2024 Latest Caselaw 25790 Kant

Karnataka High Court

Smt Rathnamma vs Sri Aboobacker on 30 October, 2024

                                                   -1-
                                                            NC: 2024:KHC:43826
                                                         MFA No. 5664 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                               BEFORE
                       THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                      MISCELLANEOUS FIRST APPEAL NO. 5664 OF 2023 (MV-D)
                      BETWEEN:

                      1.    SMT. RATHNAMMA,
                            W/O PUTTASOMAPPA,
                            AGED ABOUT 41 YEARS,
                            R/AT LAKKUR VILLAGE,
                            GUNDLUPET TALUK,
                            CHAMARAJANAGARA DISTRICT - 571 313.

                      2.    SRI. BASAVARAJU,
                            S/O BASAVANNA,
                            AGED ABOUT 45 YEARS,

                      3.    SMT. RAJESHWARI,
                            W/O NANJUNDASWAMY,
                            AGED ABOUT 43 YEARS,
Digitally signed by
SHAKAMBARI
Location: HIGH              SUBBANNA,
COURT OF
KARNATAKA                   S/O LATE BASAVANNA
                            AGED ABOUT MAJOR, (DEAD),

                            NAGARAJU,
                            S/O LATE BASAVANNA,
                            AGED ABOUT MAJOR, (DEAD),

                            SMT. SARVAMANGALA,
                            D/O LATE BASAVANNA,
                            AGED ABOUT MAJOR, (DEAD),
                             -2-
                                            NC: 2024:KHC:43826
                                          MFA No. 5664 of 2023




      APPELLANT NO.2 AND 3
      R/AT NENEKATTE VILLAGE,
      GUNDLUPET TALUK,
      CHAMARAJANAGARA DISTRICT - 571 313.
                                                 ...APPELLANTS
(BY SRI. GIREESHA S.N, ADVOCATE (ABSENT))

AND:

1.    SRI. ABOOBACKER,
      S/O BEERAN PILLAI,
      AGED ABOUT MAJOR,
      R/AT NEERIVELLI HOUSE, NALAM MAILE,
      ERUMATHALA ALUVA EMAKULAM,
      KERALA STATE - 686 693.

2.    UNITED INDIA INSURANCE COMPANY LTD.,
      NO. 1260, 2ND FLOOR, VINOBHA ROAD,
      SHIVARAMPETE, MYSURU - 570 001,
      REPRESENTED BY ITS BRANCH MANAGER.
                                         ...RESPONDENTS
       THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 05.12.2022 PASSED IN MVC
NO.1108/2018 ON THE FILE OF THE PRINCIPAL SMALL CAUSES
AND    SENIOR   CIVIL   JUDGE,    MACT,    MYSURU,     PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                                          -3-
                                                       NC: 2024:KHC:43826
                                                    MFA No. 5664 of 2023




                           ORAL JUDGMENT

No representation on behalf of the appellant.

This Court has passed a peremptory order on

21.06.2024, which reads as under:

"Learned counsel for the appellants is remained absent.

Finally one week's time is granted to remove the office objections, failing which, appeal shall stand dismissed for default."

As there is a peremptory order passed by this Court

on 21.06.2024, as the office objections are not complied

with, this appeal is dismissed for default.

Sd/-

(RAMACHANDRA D. HUDDAR) JUDGE

HDK

CT: BHK