IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.A. PATIL M.F.A. NO.438 OF 2010 (MV) BETWEEN:
Saleem Basha, S/o Fakruddin, Aged about 16 years, Minor represented by his Natural Guardian: Father, Fakruddin, S/o Budein Sab, Aged about 47 years, Scrap Business, R/of Near Amarappana Thota, Bethur Road, Davangere. …Appellant (By Sri. G.M. Chandrashekar, Advocate-absent) AND:
1. Rajesh. S, S/o G.S. Murthy, Aged about 24 years, R/of 113, 1st Main, 1st Cross, Nijalingappa Layout, Davanagere, Rider of Motor bike bearing Reg. No.KA-17/V-6029.
2. T.S. Kumarswamy, S/o Subbanna Shetty. H.V, R/of Door No.5:304:2, Hosa Pinjara Galli, Behind Jayadeva Circle, Davangere, Owner of Motor bike bearing Reg. No.KA-17/V-6029.
3. The Manager, United Insurance Co. Ltd., Divisional Office, # 273:13, 1st Floor, Mallikarjuna Complex, Pravasi Mandir Road, Davangere-2. …Respondents (By Sri. K.N. Narappa, Adv., for R1 & R2; Sri. Ravish-Benni, Adv. for R3) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 16.04.2009 passed in MVC No.82/2008 on the file of the II Additional Civil Judge (Sr. Dn.) and Additional MACT, Davangere, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Admission this day, Court made the following:-
O R D E R The learned counsel for the appellant is absent today. On the last date of hearing also the learned counsel for the appellant remained absent and this Court had passed the following order:
“The learned counsel for the appellant absent. No representation. It appears, the appellant is not interested in prosecuting the case. List after four weeks. In case if the appeal is not prosecuted by the next date of hearing, the appeal shall stand dismissed by next date of hearing.”
2. As could be seen from the said order, if the appeal is not prosecuted by the next date of hearing, appeal shall stand dismissed.
In view of the above order, appeal stands dismissed.
Sd/- JUDGE SV