IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE B.MANOHAR MFA No.1642 OF 2016 (MV-D) Between:
1. Smt. Yashodamma, Wife of Late Doddakarigowda, Aged about 62 years, 2. D.K. Puttaswamygowda Urf Babu, Son of Late Doddakarigowda, Aged about 47 years, 3. D.K. Atmananda, Son of Late Doddakarigowda, Aged about 36 years, All are Residents of Kajjikoppalu village, Melukote Hobli, Pandavapura Taluk – 571 431.
…Appellants (By Sri. R. Somasundara, Adv.,) And:
1. B.R.Parthasarathy, Son of Ramaswamy Iyengar, M/s Flor Corporation, No.220, Pankaja, 2nd E Cross, 1st Stage, Girinagar, Bangalore – 560 085. (Owner of the Ridge Car No.KA-41/N-5398) 2. Branch Manager, State Bank of India, General Insurance Company Limited, Ground and 1st Floor, Rukmini Towers – 3 -1, Flat Form Road, Near Railway Road, Sheshadripuram, Bangalore – 560 020. Insurer of Ridge Car No.KA-41/N-5398 (Policy No.0000000000116061-02 Valid from 29/09/2013 to 28.09.2014 …Respondents This MFA is filed u/S 173(1) of MV Act against the Judgment and Award dated:30.04.2015 passed in MVC No.939/2014 on the file of the Senior Civil Judge & JMFC, Pandavapura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for further orders this day, the Court delivered the following:
JUDGMENT This appeal has been filed on 29.02.2016. In spite of granting sufficient time, office objections are not complied with.
2. On 10.11.2016 this Court passed the following order :-
“Office objections raised on the appeal shall be complied in four weeks time failing which the appeal stands dismissed.”
3. In spite of peremptory order dated 10.11.2016 office objections are not complied till today.
4. Accordingly, the appeal is dismissed for non- compliance of office objections.
5. In view of dismissal of main appeal, I.A.No.1/2016 filed for condonation of delay of 215 days in filing the appeal does not survive for consideration and it is accordingly dismissed.
Sd/- JUDGE NG*