IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2017 BEFORE:
THE HON’BLE MR. JUSTICE B.MANOHAR MFA.NO.11851/2012(MV) BETWEEN:
N.SUDHAKAR GOWDA S/O LATE MARIYAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO.14, 6TH CROSS, LAKSHMIPURA, ULSOOR, BANGALORE – 560 008. ... APPELLANT (BY SRI.R.CHANDRASHEKHAR, ADV.(ABSENT)) AND:
1. THE REGIONAL MANAGER ICICI LOMBARD INS. CO.LTD., REGIONAL OFFICE, PRESTIGE CORNICHE, NO.62/1, 2ND FLOOR, RICHMOND ROAD, BANGALORE – 560 025.
2. INFANTS TRAVELS PVT. LTD., THE MANAGING DIRECTOR, NO.8, SHIVAPPA BUILDING, NANDAGUDI, TAVAREKERE, BANGALORE. ... RESPONDENTS (R.1 APPEAL DISMISSED, R2 NOTICE D/W V/O DTD: 14/8/2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.02.2011 PASSED IN MVC NO.601/2010 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: -
J U D G M E N T This appeal was dismissed for non-prosecution on 14-08-2015. On filing of the application I.A.No.1/2016 seeking for condonation of delay of 23 days in filing the recalling application and I.A.No.4/2015 filed to recall the order dated 14-08-2015, the said order was recalled on 14-07-2016, subject to the appellant depositing the cost of Rs.1,000/- to the Advocates’ Library Fund, within a period of two weeks. However, the said order has not been complied with as on today. The appeal was posted for orders on 16-02-2017. In spite of granting sufficient time, the order dated 14-07-2016 has not been complied with. Even today, there is no representation for the appellant. Accordingly, the appeal is dismissed for non-prosecution.
Sd/- JUDGE mpk/-*