IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.6162 OF 2017 (MV) BETWEEN Smt. Boramma W/o late Bettegowda @ Marigowda Aged about 64 years Resident of Manchapattna Village & Post Honakere Hobli, Nagamangala Taluk Mandya – 571 401.
Since dead rep by her LRs a) Smt. Chandramma W/o Boregowda Aged about 58 years R/at Hanchinakoppalu Honakere Hobli, Nagamangala Taluk Mandya District.
b) Narasimha Murthy M.B. S/o Bettegowda Aged about 55 years R/at Manchapatna Village Tattekere post, Honkere Hobli Nagamangala Taluk Mandya.
c) Smt. Sharadamma W/o Narasimhegowda R/at Mallanayakanahalli Honakere Hobli, Nagamangala Taluk Mandya.
d) Smt. Manjula W/o Manjunath C/o Manchinakoppalu Tattekere post, Honakere Hobli Nagamangala Taluk Mandya. … Appellants (By Sri. Sumanth L. Bharadwaj, Advocate) AND 1. Smt. Jayamma W/o late Basavaraju Aged about 52 years 2. Papanna S/o late Basavaraju Aged about 38 years 3. K.B.Swamy S/o late Basavaraju Aged about 32 years 4. Lakshmi W/o Chikkegowda Aged about 33 years 5. Sujatha B.K.
W/o late Manjunatha B.K. Aged about 36 years All are resident of Kenchanahalli Village Basaluru Hobli Mandya Taluk and District – 571 401.
6. The Branch Manager National Ins. Co. Ltd. No.1576, 1st floor, V.V.Road Mandya – 571 401.
7. M. Rajegowda S/o late Muddegowda Aged about 54 years Resident of Madaveeranahalli Village Basalaru Hobli Mandya Taluk – 571 401. … Respondents (By Sri. M. Shivaprasad, Advocate for R1 to R5 Sri. Geetharaj, Advocate for R6) This appeal is filed under Section 173(1) of MV Act, against the judgment and award dated: 19.04.2017 passed in MVC No.255/2015 on the file of the I Additional Senior Civil Judge and CJM., Mandya, awarding a compensation of Rs.7,42,000/- interest shall be paid at the rate of 9% p.a. from the date of petition till realization.
This appeal coming on for Orders, this day, the Court delivered the following:
J U D G M E N T Learned counsel for the appellant present and prays for time. In view of the order dated 19.11.2019, wherein, this Court has granted three days time to the appellant to comply with all earlier orders passed by this Court, which have not been sofar complied with. This Court has left with no other option except to dismiss the appeal.
2. Accordingly, the appeal is dismissed for non- prosecution.
Sd/- JUDGE NR/-