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.316 OF 2010 (MV) BETWEEN:
Sri. Anthony Louis. B.H, S/o Late M.B. Harry, Aged about 47 years, R/at No.52/2, Chinna Road, 6th Cross, Eji Pura, Vivek Nagar, Bengaluru-47. …Appellant (By Sri. V. Venkatarama Reddy, Advocate-absent) AND:
1. The Manager, I.C.I.C.I Lombard Motor Insurance Co. Ltd., No.89, 2nd Floor, S.V.R Complex, Hosur Road, Madivala, Bengaluru-68.
2. M/s. Sai Transport, Represented by E. Subramanyeswara Rao, No.19-3-25D, Old Renigunta Road, Thirupathi, Chitoor (D), A.P-517501 …Respondents (By Sri. H.N. Keshava Prashanth, Adv. for R1;
R2-Notice dispensed with vide court order dt:02.06.15) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 08.04.2009 passed in MVC No.8381/2007 on the file of the VII Additional Judge, Court of Small Causes, Member, MACT-3, Bengaluru, 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