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Karnataka High Court

National Insurance Co.Ltd., Branch ... vs Shashikumar S/O Basavarajppa on 16 October, 2012

Author: K.Bhakthavatsala

Bench: K.Bhakthavatsala

                                1


                                    MFA NO.30653/2012

           IN THE HIGH COURT OF KARNATAKA

              CIRCUIT BENCH AT GULBARGA

        DATED THIS THE 16th DAY OF OCTOBER 2012

                          BEFORE

       THE HON'BLE Dr. JUSTICE K.BHAKTHAVATSALA

                M.F.A.NO.30653/2012 (MV)

BETWEEN:

National Insurance Co.Ltd.,
Branch Office,
Chitradurga,
Earlier rep. by its
Branch Manager,
National Insurance Co.Ltd.,
Ghandhi Chowk, Raichur,
Now rep. by the
Divisional Manager,
National Insurance Co.Ltd.,
Bilgundi Complex,
Main Road, Gulbarga.                  ...APPELLANT

(By Sri.Sanjay M.Joshi, Adv.)

AND:

1. Shashikumar,
   S/o.Basavarajappa,
   Age: 15 years,
   Occ: Student,
   Under guardianship of
   Father-Basavarajappa,
   Occ: Agricultural work,
   Gram Gunjalli,
   Taluk & Dist: Raichur.

2. Hanumantharaya,
   S/o.Venkataramanappa,
   Major,
   Occ: Bus Driver,
                                 2


                                            MFA NO.30653/2012

   R/o.Kotwar Gram,
   Taluk: Pavagad.

3. H.Kottresh,
   S/o.Gurubassappa,
   Major,
   Occ:Business and
   Owner of bus bearing
   Registration No.KA-16/A-4716,
   R/o.MSSMMSCK Pur,
   Chitradurga.                               ...RESPONDENTS

       This MFA is filed u/s.173(1) of M.V.Act praying to call
for the records, allow this appeal and set aside the Judgment
and Award passed in MVC No.83/2011 on 22.12.2011 by
the Principal MACT at Raichur, awarding compensation of
`40,000/- in favour of the original petitioner, with 8%
interest from the date of the petition to the date of the
deposit of amount.

      This MFA coming on for further orders, this day, the
Court delivered the following:-

                           JUDGMENT

In spite of the peremptory order passed on 01.08.2012, granting two weeks time for the second time to comply with the office objections, failing which, the appeal stands dismissed for non-prosecution, the appellant has not complied with the office objection.

2. In view of the above, the appeal is dismissed for non-compliance of office objections.

Sd/-

JUDGE bnv*