IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.4849/2014 [MV] BETWEEN:
SRI H SHIVAPPA GOWDA S/O MURIGENDRAPPA GOWDA AGED ABOUT 57 YEARS HARIGI POST SHIKARIPURA TALUK SHIMOGA DISTRICT-577201 OWNER OF TRACTOR BEARING REG. TC-14-032007-2008 TRAILER BEARING REG. NO.KA-15-T-3639.
...APPELLANT (BY SRI.S G LOKESH, ADV.-ABSENT) AND:
1. PRASANTH S/O SHIVAPPA GOWDA MAJOR HARIGI POST SHIKARIPURA TALUK SHIMOGA DISTRICT-577201.
2. THE MANAGER ICICI LOMBARD INSURANCE CO. LTD., PRESTIGE CORNITH 62/1 2ND FLOOR, RICHMOND ROAD BANGALORE-560001 POLICY NO.3008/52519297/00/000 POLICY VALID 06.09.2007 TO 05.09.2008.
3. BHOJJANAIK S/O LOKKYANAIK COOLIE WORK AGED ABOUT 28 YEARS 3RD CROSS, HOSAMANE SHIMOGA-577201.
…RESPONDENTS (R2 & R3 – APPEAL STANDS DISMISSED V/0 DT:22.11.2019 R1- ABATED V/O DT:28.11.2019) ++++ THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.05.2012 PASSED IN MVC NO.186/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-7, SHIMOGA, AWARDING COMPENSATION OF RS.9,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The Appellant has failed to take steps in respect of the deceased Respondent No.1. The appeal against Respondents No.2 and 3 is already dismissed for non- prosecution by order dated 29.10.2019. Since the appellant failed to take steps in respect of the deceased Respondent No.1, the appeal abates and stands dismissed.
Sd/-
JUDGE mpk/-* CT:bms