Shantabai And Ors vs Vijayakumar And Anr
2025 Latest Caselaw 1125 Kant

Karnataka High Court

Shantabai And Ors vs Vijayakumar And Anr on 16 July, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                              -1-
                                                           NC: 2025:KHC-K:3967
                                                     MFA No. 202135 of 2024


                   HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                             DATED THIS THE 16TH DAY OF JULY, 2025

                                            BEFORE

                            THE HON'BLE MR. JUSTICE RAVI V HOSMANI

                        MISCL. FIRST APPEAL NO. 202135 OF 2024 (MV-D)

                   BETWEEN:

                   1.   SMT. SHANTABAI
                        W/O CHANDRASHEKHAR CHILLALA,
                        AGE: 57 YEARS,
                        OCC: HOUSEHOLD,

                   2.   SANJAY KUMAR
                        S/O CHANDRASHEKHAR CHILLALA,
                        AGE: 40 YEARS,
                        OCC: BUSINESS,

                   3.   SANTOSH KUMAR
Digitally signed
by NIJAMUDDIN           S/O CHANDRASHEKHAR CHILLALA,
JAMKHANDI               AGE: 37 YEARS,
Location: HIGH          OCC: BUSINESS,
COURT OF
KARNATAKA
                        ALL ARE R/O: OPP. OLD BUS STAND,
                        NEAR SCHOOL GROUND,
                        SHAHAPUR,
                        TQ: SHAHAPUR,
                        DIST: YADGIR - 585 223.
                                                                 ...APPELLANTS

                   (BY SRI RAJESH DODDAMANI, ADVOCATE - ABSENT)
                               -2-
                                           NC: 2025:KHC-K:3967
                                      MFA No. 202135 of 2024


HC-KAR




AND:

1.   VIJAYAKUMAR
     S/O BHIMARAYA
     AGE: 28 YEARS,
     OCC: BUSINESS,
     R/O: DEVAMMA TEMPLE,
     BHANKALAGA,
     TQ: CHITTAPUR,
     DIST: KALABURAGI - 585 211.

2.   THE BRANCH MANAGER,
     RELIANCE GENERAL
     INSURANCE CO. LTD.,
     3RD FLOOR, ASIAN PLAZA,
     TIMMAPURI CIRCLE,
     MAIN ROAD,
     KALABURAGI - 585 104.
                                              ...RESPONDENTS

       THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND AWARD
COMPENSATION OF RS.7,50,000/- (EXCLUDING THE AMOUNT
AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST @ 12%
P.A., BY MODIFYING THE JUDGMENT AND AWARD OF THE
SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT-4,
SHAHAPUR DATED 31.10.2023 IN M.V.C.NO.267/2019 IN THE
INTEREST OF JUSTICE AND EQUITY.


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


CORAM:    HON'BLE MR. JUSTICE RAVI V HOSMANI
                               -3-
                                           NC: 2025:KHC-K:3967
                                      MFA No. 202135 of 2024


HC-KAR




                        ORAL JUDGMENT

Though matter was listed for non-compliance of office

objections for fifth time, none appears. It was passed over and

called again.

There is no representation. This would indicate that

appellants are not diligent in pursuing appeal. Hence, appeal is

dismissed for non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

NB

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