IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY MFA NO.1696/2016 [MV-I] BETWEEN:
MR. K. PARAMESHWARA S/O. LATE T.N. KRISHNAPPA AGED ABOUT 56 YEARS OCC: BUSINESS RESIDING AT NO.8, OTC ROAD, NEXT TO SHARADA TALKIES BANGALORE – 560 002 …APPELLANT [BY SRI. K. PARAMESHWARA, PARTY-IN-PERSON] AND:
1 MR. SAINATH TALAWAR MAJOR IN AGE S/O. M. SURESH TALAWAR RESIDING AT NO.1405, 1ST MAIN, VIJAYANAGAR BANGALORE – 560 040 2 THE ORIENTAL INSURANCE COMPANY LIMITED BRANCH OFFICE NO.11, MISSION ROAD NEAR SUBBAIAH CIRCLE BANGALORE – 560 027 REP. BY ITS BRANCH MANAGER …RESPONDENTS [BY SRI. B.S. UMESH, ADVOCATE FOR R2; VIDE ORDER DATED 3.10.2018 APPEAL AGAINST R1 STOOD DISMISSED] THIS APPEAL IS FILED UNDER SECTION 173[1] OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 4.11.2015 PASSED IN MVC NO.2899/2006 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEKEING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT Pursuant to peremptory order passed by this Court on 3.10.2018, this appeal stood dismissed as against the Respondent No.1 for not taking steps for service of notice to the said respondent.
2. Thereafter, learned Counsel Sri. Kantharaju N.K., has filed a memo seeking permission of the Court to retire from the case. The said memo is allowed by order dated 7.11.2019. While doing so, this appeal was ordered to be listed, this day, in the name of the appellant as party-in-person.
3. When this matter is taken up for consideration today, there is no representation on behalf of the appellant.
I.A. No.1/2018 is dismissed and consequently the appeal is dismissed for non prosecution.
Sd/- JUDGE Sd/- JUDGE AN/-