IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.6219 OF 2014 (MV) BETWEEN:
SRI K.N. LOKESH S/O NANJAPPACHAR, AGED ABOUT 43 YEARS, KERAGODI VILLAGE, LAKKUR POST, RAMANATHPUR HOBLI, ARKALGUD TALUK, HASSAN DISTRICT – 573 102.
... APPELLANT (BY SRI. SANGAMESH R BHARSETTY, ADVOCATE) AND:
1. SMT. NASREEN KHAN W/O AYUB KHAN, AGED ABOUT 32 YEARS, 2. SHABAZ KHAN, S/O AYUB KHAN, AGED ABOUT 11 YEARS, 3. SEZAAN KHAN, S/O AYUB KHAN, AGED ABOUT 8 YEARS, 4. SHAHIL KHAN S/O AYUB KHAN, AGED 6 YEARS, 5. KHALANDER KHAN S/O AYUB KHAN, AGED 4 YEARS, CLAIMANTS 2 TO 5 SINCE MINORS, REPRESENTED BY NATURAL GUARDIAN RESPONDENT NO.1 6. RAHEED KHAN S/O KHASIM KHAN, AGED ABOUT 80 YEARS, 7. SMT. BIBIJAN W/O RASHEED KHAN, AGED ABOUT 63 YEARS, RESPONDENT Nos.1 TO 7 ARE RESIDING AT SUNNI CHOWK, ARSIKERE TOWN – 573 103.
8. BAJAJ AUTO FINANCE LTD., ARPITA AUTOMOBILE COMPANY, NO.667, B.M ROAD, HASSAN – 573 103.
... RESPONDENTS (BY SRI S.M.ANEES AHAMED, ADVOCATE FOR R8; SMT.D.K.KAMALA, ADVOCATE FOR R1, R6 AND R7) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2011 PASSED IN MVC NO.52/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MEMBER, MACT, ARASIKERE, AWARDING COMPENSATION OF RS.5,90,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This Court, by order dated 20-11-2019 directed the appellant to deposit 50% of the award amount to show bonafide to consider I.A.No.1/2014 for condoning the delay of 1151 days in preferring the appeal.
Learned counsel for the appellant submits that the amount as ordered is not deposited. As the appellant has failed to comply with the order dated 20-11-2019, the question of considering I.A.No.1/2014 would not arise. Hence, I.A.No.1/2014 is dismissed. Consequently, the appeal stands dismissed.
Sd/- JUDGE SMJ