IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.8005 OF 2014 (MV) BETWEEN SHANKARAMMA C W/O T ANJANAMURTHY AGED ABOUT 20 YEARS AGRICULTURIST R/O SANNA KITTADAHALLY HOSADURGA TALUK NOW R/O DODDAPET, CHITRADURGA, PIN-577501. ... APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE - ABSENT) AND 1. K.S.MARULASIDDAPPA S/O SHIVARUDRAPPA, MAJOR R/O BAGENAHALU, CHITRADURGA OWNER OF BUS BEARING NO.KA-16-B-5000, PIN-577501 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO LTD SRI SHARADA COMPLEX, 1ST FLOOR OPP:KSRTC BUS STAND, P B ROAD CHITRADURGA-577501.
... RESPONDENTS (BY SRI. C SHANKARA REDDY, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 12.06.2014 PASSED IN MVC NO.578/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, IV MACT, CHITRADURGA, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT On 31-7-2019, this Court passed the following order:
“No representation for the appellant in the morning as well as in the afternoon.
On 01-2-2019, two weeks time was granted to take steps in respect of deceased respondent No.1.
No steps have been taken till today.
Finally, a week’s time is granted to take steps in respect of deceased R-1. Failing which, post the matter for dismissal on 08-08-2019.”
There is no representation for the appellant today also. Inspite of granting a week’s time finally, no steps have been taken for service of notice on respondent No.1.
Learned counsel for respondent No.2 states that respondent No.1 is a necessary party to decide the appeal, since liability is fastened on him. As the appellant has failed to take steps even though sufficient time is granted, the appeal stands dismissed for non-prosecution.
Sd/- JUDGE SMJ