IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL No.7087 of 2018 (MV) BETWEEN :
1 . ABDUL KHADER @ K.A.KHADER S/O.LATE AHAMAD BHAVA @ BAWA AGED ABOUT 75 YEARS 2 . JUBAIDA W/O.ABDUL KHADER @ K.A.KHADER AGED ABOUT 55 YEARS BOTH RESIDING AT KINYA MOOSA HOUSE MAYYADDI MANZIL, KOTEPURA ULLALA, MANGALORE D.K. - 575 001. ... APPELLANTS (BY SRI.ANISH ACHARYA, ADVOCATE (ABSENT)) AND:
1 . BASHEER.B S/O.KAMAL AGED 40 YEARS R/O.D.NO.8 - 128 D BATTAPADY HOUSE UCHILA, MANGALORE.
2 . UNITED INDIA INSURANCE COM. LTD., VARANASHI TOWER MISSION STREET, BUNDER MANGALORE, D.K. REPRESENTED BY ITS MANAGER.
3 . SMT.RAMLATH @ RAMLATHA W/O.LATE ABDUL RAHIMAN AGED 26 YEARS RESIDING AT KINYA MOOSA HOUSE MAYYADDI MANZIL, KOTEPURA ULLALA, MANGALORE D.K. - 575 001. ...RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF INDIAN MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 18TH SEPTEMBER 2018, PASSED IN MVC NO.297/2016 ON THE FILE OF VI ADDITIONAL DISTRICT JUDGE AND MEMBER MACT, D.K., MANGALURU AND ALLOW THE APPEAL BY AWARDING A SUM OF RS.50,00,000/- AS COMPENSATION AS CLAIMED BY THE PETITIONERS IN THE CLAIM PETITION AND ETC., THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Though the matter is called out twice, there is no appearance on behalf of the appellants. The appeal was filed on 28.08.2018. Office objections have not been removed for the fourth time. In the circumstances, the appeal is dismissed for non-removal of office objections and for non-prosecution.
Sd/- JUDGE Sd/- JUDGE VMB