IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.10125 OF 2011 (MV) BETWEEN:
M.G.MOHAMMED ZIKRULLA SON OF M.A.MOHAMMED GHOUSE, AGED ABOUT 32 YEARS, K.S.R.T.C. DRIVER, MAYASANDRA, AT PRESENT BEHIND D.A.T.SCHOOL, SADASHIVANAGAR, TUMKUR TOWN ... APPELLANT (BY SRI MUSHTAQ AHMED & SRI ABDUL KHADAR, ADVOCATE-ABSENT) And:
1. SRI M.RAGHAVENDRA SON OF MUNIYAPPA, AGED ABOUT 49 YEARS, OWNER OF EICHER LORRY, ARISHINA KUNTE, NELAMANGALA TALUK, BANGALORE DISTRICT 2. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, NO.7, NO.20, 1ST FLOOR, 100 FEET ROAD, JALAHALLI CROSS, PEENYA, BANGALORE REP. BY ITS MANAGER ... RESPONDENTS (BY SRI K.SRIDHARA, ADVOCATE FOR R2;
NOTICE HELD SUFFICENT TO R1) THIS MISCELLENEOUS FIRST APPEAL IS FILED UNDER SEC 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 04.05.2011 PASSED IN MVC. NO.1159/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM., TUMKUR, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MISCELLENEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment This appeal was listed on 27.11.2019, 04.12.2019 and 11.12.2019. None appeared for the appellant on any of these days. In fact, on 11.12.2019, the appeal was adjourned as a last chance to enable the learned counsel for the appellant to make submissions on admission or on merits of the appeal.
2. None appears for the appellant even today. It is obvious that the concerned is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
Sd/- Judge KPS