IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2015 BEFORE HON' BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.4141 OF 2011 (MV) BETWEEN THE NEW INDIA ASSURANCE CO. LTD., KIADB COMPLEX, HOSUR MAIN ROAD, BOMMASANDRA INDUSTRIAL AREA, ANEKAL TALUK, BENGALURU – 99, REP. BY DIVISIONAL OFFICE III, MAHALAKSHMI CHAMBERS, M. G. ROAD, BENGALURU - 560 001.
BY ITS DIVISIONAL MANAGER. ... APPELLANT (By Sri. C. R. RAVISHANKAR, ADV.) AND:
1. SRI. B. NAVEEN, S/O. SRI. C. BABU REDDY, R/AT. SETTIHALLI VILLAGE, MALASUR POST, ANEKAL TALUK, BENGALURU DISTRICT.
2. SRI. C. K. RAJU, S/O. SRI. MUNISWAMY, MAJOR, R/AT.NO.1884, 20TH MAIN, 6TH CROSS, II PHASE, J P NAGAR, BENGALURU - 560 078. ... RESPONDENTS (BY R.1 APPEAL ABATED, R.2 NOTICE HELD SUFFICIENT V/O. DATED 09.01.2015 -o-0-o-
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2011 PASSED IN MVC NO.9961/2008 ON THE FILE OF THE I ADDITIONAL SMALL CAUSE JUDGE AND MACT, BENGALURU, AWARDING A COMPENSATION OF Rs.60,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION ie., FROM 31.12.2008 TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
J U D G M E N T Notice to R.2 is dispensed with as per memo and at the risk of the appellant.
Notice issued to R.1 is returned with a postal shara dt. 29-11-2013 as `expired’ and steps are not taken to bring his L.Rs. on record within the time stipulated in law. Consequently, appeal is dismissed against R.1 as abated.
Accordingly, appeal is closed.
SD/- JUDGE Mgn*