IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS MISCELLANEOUS FIRST APPEAL NO.8687 OF 2012 (MVC) BETWEEN:
SRI K.B. THIMMAIAH S/O. LATE K.M. BIDDAPPA AGED ABOUT 65 YEARS NO.1087, OUTER RING ROAD 5TH BLOCK, 1ST STAGE H.B.R. LAYOUT BANGALORE – 560 045. ... APPELLANT (BY SRI M. ARUN PONNAPPA., ADVOCATE) AND:
1. SRI EMMANUEL JACKSON RAJ @ B. PUSHPARAJ AGED ABOUT 29 YEARS NO.9, APARTMENT, 2ND FLOOR DEE MANDALA LAYOUT VIDYARANYAPURA BANGALORE – 560 097 (DRIVER OF THE VEHICLE) 2. SMT MARRY INDIRA RAJ B. AGED ABOUT 50 YEARS NO.9, APARTMENT, 2ND FLOOR DEE MANDALA LAYOUT VIDYARANYAPURA BANGALORE – 560 097 (OWNER OF THE VEHICLE) 3. ICICI LOMBARD MOTOR INSURANCE CO. LTD.
ZENETH HOUSE KESHAVARAO KHADE MARG OPP. RACE COURSE MAHALAKSHMI MUMBAI – 400 034. ... RESPONDENTS (BY SRI A.M. VENKATESH, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS FROM THE HON’BLE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL, SCCH NO.16, BANGALORE CITY IN MVC No.7070/2010 AND ETC., THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T R.DEVDAS J., (ORAL):
On 10.03.2017, this Court has dismissed the appeal as against respondent Nos.1 and 2 who were the owner and driver of the vehicle. Sri A.M. Venkatesh, learned counsel appearing for respondent No.3-Insurer submits that the liability was fastened on the owner of the offending vehicle. It is therefore submitted that the appeal having been dismissed against the owner of the vehicle by order dated 10.03.2017, nothing further survives in this appeal.
2. It is seen from the records that there has been no representation for the appellant on the earlier dates of hearing and inspite of the appeal being dismissed against respondent Nos.1 and 2 on 10.03.2017, no application has been filed to recall the order dated 10.03.2017. Today too, there is no representation for the appellant.
The Miscellaneous First Appeal is accordingly dismissed for non prosecution.
SD/- JUDGE KLV