IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.7792 OF 2016 (MV) BETWEEN:
RASHIDSAB S/O KALANDARSAB AGED ABOUT 51 YEARS ANKALAKOPPA VILLAGE C.S. PURA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572213 (OWNER OF THE VEHICLE TRACTOR/TRAILER BEARING REG. NO. KA-06-TA-6614).
…APPELLANT (BY SRI PRABHUGOUD B. TUMBIGI, ADVOCATE (ABSENT)) AND:
1. TAHSEENA W/O HANEEF AGED ABOUT 43 YEARS 2. YARAB S/O HANEEF AGED ABOUT 18 YEARS BOTH ARE R/OF. ANKALAKOPPA VILLAGE C.S PURA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572213.
3. THE MANAGER UNITED INDIA INSURANCE CO., LTD., 1ST FLOOR, JAYADEVA COMPLEX B.H. ROAD, TUMKUR CITY – 572101 …RESPONDENTS (BY SRI A. M. VENKATESH – ADVOCATE FOR R-3;
SRI K. R. RAMESH – ADVOCATE FOR R-1 AND R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2016 PASSED IN MVC NO. 678/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, GUBBI, AWARDING COMPENSATION OF RS. 9,89,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T None appears for the appellant.
2. Sri. A.M. Venkatesh, learned advocate appears for respondent No. 3.
3. This appeal is presented in the year 2016 by the owner of the vehicle who has been saddled with the liability to pay compensation. On 21.12.2018, stay was granted by this Court subject to deposit of 50% of the award amount. The appellant has not filed a memo till today for having deposited the said amount. Hence, this appeal is dismissed for non- prosecution.
Sd/- JUDGE LRS/BM