IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR.JUSTICE B.MANOHAR MFA NO.9700/2013 (MV) BETWEEN:
SRI. CHANDRAHAS S/O LATE SRI. THANIYA MOOLYA AGED ABOUT 32 YEARS RESIDING AT BHAKTI NILAYA MULIBETTU HOUSE, IRUVAIL VILLAGE MANGALORE TALUK – 575 001 (BY SRI.MOHAMMED AKHIL, ADVOCATE) AND:
1. SRI. ABDUL RAZAK S/O SRI. G. MOHAMMED AGED ABOUT 37 YEARS RESIDING AT PARARI HOUSE THIRUVAIL VILLAGE MANGALORE TALUK – 575 001 2. NATIONAL INSURANCE COMPANY LTD 2ND FLOOR, RASIK CHAMBERS OPPOSITE CENTRAL MARKET MARKET ROAD, MANGALORE – 575 001 ... APPELLANT ... RESPONDENTS (NO REPRESENTATION) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.02.2013 PASSED IN MVC NO.1322/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T This appeal has been filed on 18.11.2013. Notice has been ordered on IA 1/2013 on 11.09.2014. Inspite of lapse of three years, notice may not be issued for want of Process Fee.
2. On 20.04.2017, a week’s time was finally granted to pay the process fee to issue notice to R1 and R2. Despite of the said order, the same has not been done.
3. Today, when the matter is called out, none appears for the appellant. Accordingly, appeal is dismissed for non-prosecution.
Sd/- JUDGE Bsv