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Karnataka High Court

Sri.Dashwanth Rao vs Sri.Krishnappa on 4 February, 2019

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

     IN THE HIGH COURT OF KARNATAKA, BENGALURU

      DATED THIS THE 4TH DAY OF FEBRUARY, 2019

                         BEFORE:

     THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

MISCELLANEOUS FIRST APPEAL No.5335 OF 2013 [MV]

BETWEEN
Sri Dashwanth Rao
s/o Krishnoji Rao
Aged about 49 years
r/a No.35A, Kalappa
Block, Ramachandrapura
Bangalore-560 021.                         ... Appellant

[By Sri M R Kumaraswamy, Advocate]

AND

1.    Sri Krishnappa
      s/o Hanumaiah
      r/a No.11/6
      1st A Main Road
      2nd Cross, K P Agrahara
      Bhuvaneshwari Nagar
      Magadi Road
      Bangalore-560 023.

2.    ICICI Lombard Insurance
      Company Ltd., Regional
      Office, Prestige Corniche
      1st Floor, No.62/1
      Richmond Road
      Bangalore-560 025.             ... Respondents

[By Sri D Manjunath, Advocate for R2,
Appeal dismissed as against R1 v/c/o dtd.20.3.2018)
                                  2

     This MFA is filed under Section 173(1) of MV Act
against the judgment and award dated 7.11.2012 passed
in MVC No.2139/2011 on the file of IX Additional Small
Cause Judge and XXXIV ACMM, Member, MACT, Court of
Small Causes, Bangalore, partly allowing the claim petition
for  compensation    and    seeking     enhancement       of
compensation.

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

                         JUDGMENT

There is no representation on behalf of the appellant. Learned counsel for the appellant has continuously remained absent.

This Court by order dated 28.3.2018 has ordered that in case non-representation and non-prosecution of I.A No.2/2013 on the next date of hearing, I.A.No.2/2013 shall stand dismissed. Even thereafter, there is no representation on behalf of the appellant. Hence, I.A.No.2/2013 is dismissed and consequently the appeal is also dismissed.

Sd/-

JUDGE.

Bkm.