Dore Boraiah vs Smt Shantha M
2025 Latest Caselaw 8530 Kant

Karnataka High Court

Dore Boraiah vs Smt Shantha M on 17 September, 2025

                                              -1-
                                                       NC: 2025:KHC:37002
                                                     MFA No. 1796 of 2024


                  HC-KAR




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 17TH DAY OF SEPTEMBER, 2025

                                            BEFORE
                    THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                  MISCELLANEOUS FIRST APPEAL NO.1796 OF 2024(MV-I)


                  BETWEEN:

                  DORE BORAIAH,
                  S/O. DORE OBAIAH,
                  AGED ABOUT 58 YEARS,
                  R/O. BACHABORNAHATTI VILLAGE,
                  CHITRADURGA TALUK,
                  AND DISTRICT - 577 501.
                                                             ...APPELLANT
                  (BY MS. DEEPU B.M., ADVOCATE FOR

                  SRI. B. PRAMOD, ADVOCATE)
Digitally signed by
AASEEFA             AND:
PARVEEN
Location: HIGH      1. SMT. SHANTHA M.,
COURT OF
KARNATAKA              W/O. MUNIRAJU,
                      MAJOR,
                      RC OWNER OF THE CAR BEARING,
                      REG NO. KA -51 /MK - 4055,
                      R/O #135, HARAPANAHALLI,
                      ANEKAL TALUK,
                      BANGALORE - 560 105.
                              -2-
                                         NC: 2025:KHC:37002
                                      MFA No. 1796 of 2024


HC-KAR




2.   THE BRANCH MANAGER,
     COCO DHFL GENERAL
     INSURANCE CO. LTD.,
     BRANCH OFFICE,
     NO. 82, 1ST FLOOR,
     DR. RAJKUMAR ROAD,
     ABOVE IDBI BANK, 2ND BLOCK,
     RAJAJINAGAR,
     BENGALURU - 560 010.
                                            ...RESPONDENTS
(R1- VIDE COURT ORDER DATED 13.08.2024,
NOTICE IS DISPENSED WITH)

      THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE

JUDGMENT    AND     AWARD   DATED   03.08.2023   PASSED   IN

MVC NO.275/2020 ON THE FILE OF THE I ADDITIONAL SENIOR

CIVIL JUDGE AND JMFC, MACT-IV, CHITRADURGA, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:



CORAM:    HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                                       -3-
                                                   NC: 2025:KHC:37002
                                                MFA No. 1796 of 2024


 HC-KAR




                                ORAL ORDER

Ms.Deepu representing Sri.B.Pramod, learned counsel on

record for the appellant seeks time to move an application for

service of notice upon respondent No.2 by way of substituted

service.

2. On 01.08.2025 similar request was made. To give

fair chance, time was granted. However, till now no such

application is filed.

3. On 13.08.2024 a memo seeking dispensation of

notice upon respondent No.1 was filed. The submission that

was made is that no liability is fixed upon respondent No.1 and

entire liability is upon respondent No.2 only. Considering the

submission thus made, notice to respondent No.1 stood

dispensed with. The appellant despite granting time did not

choose to take steps for service of notice upon respondent

No.2. Thus, there are no grounds to keep the appeal pending.

4. Thus appeal stands dismissed without costs.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE AP