Krishnamurty and Anr vs the Divisional Manager and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1635513
CourtKarnataka Orders High Court
Decided OnMar-27-2025
Case NumberMFA/200402/2019
JudgeC M Joshi
AppellantKrishnamurty and Anr
RespondentThe Divisional Manager and Ors
Excerpt:
-1- in the high court of karnataka, kalaburagi bench dated this the 27th day of march, 2025 before the hon'ble mr. justice c m joshi miscl. first appeal no.200402 of 2019 (mv-d) between:1. sri. krishnamurty s/o basalingayya, age: 69 years, occ: business,2. smt. eramani w/o krishnamurthy, age: 61 years, occ: household, both r/o station saidapur, tq. & dist yadgiri. …appellants (by sri. vikram vijaykumar, advocate) and:1. the divisional manager,the oriental insurance company ltd., ng complex, 1st floor, digitally signed opp: mini vidhana soudha, by shivaleela dattatraya kalaburagi-585 101. udagi location: high court of 2. sri. satyanarayana s/o krishnamurty, karnataka age: 39 years, occ: business, r/o station saidapur, tq. & dist. yadgiri-585 201.3. sri. raju t. s/o t. ramulu, age: 54 years, occ: owner of lorry bearing reg. no. ap-22, w-2466, r/o balanagar, mahaboobnagar dist., andra pradesh-509 001. …respondents (by sri. j. augustin, adv. for r1; r2-served; v/o dtd. 31.07.2024, notice to r3 d/w) -2- this mfa is filed under section 173(1) of the motorvehicles act, praying to modifying the impugned judgmentand award dated 23.11.2011 passed by the mact-ii at yadgir in mvc no.42/2010 and the same was allowed in part and consequently be pleased to enhance the compensation as prayed for. this appeal coming on for further orders, this day,judgment was delivered therein as under:coram: hon'ble mr. justice c m joshioral judgment(per: hon'ble mr. justice c m joshi) none appear for the appellants in the forenoon sessions and even in the afternoon session when the matter called. therefore, it appears the appellants are not interested in prosecuting the matter. the appeal is filed with delay of 2575 days and the application for condonation of delay has been opposed by learned counsel for respondent no.1. in view of the non-prosecution, the appeal is dismissed. sd/- (c m joshi) judge sdu list no.: 1 sl no.: 22 ct: ak
Judgment:

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200402 OF 2019 (MV-D) BETWEEN:

1. SRI. KRISHNAMURTY S/O BASALINGAYYA, AGE: 69 YEARS, OCC: BUSINESS,

2. SMT. ERAMANI W/O KRISHNAMURTHY, AGE: 61 YEARS, OCC: HOUSEHOLD, BOTH R/O STATION SAIDAPUR, TQ. & DIST YADGIRI. …APPELLANTS (BY SRI. VIKRAM VIJAYKUMAR, ADVOCATE) AND:

1. THE DIVISIONAL MANAGER,

THE ORIENTAL INSURANCE COMPANY LTD., NG COMPLEX, 1ST FLOOR, Digitally signed OPP: MINI VIDHANA SOUDHA, by SHIVALEELA DATTATRAYA KALABURAGI-585 101. UDAGI Location: HIGH COURT OF 2. SRI. SATYANARAYANA S/O KRISHNAMURTY, KARNATAKA AGE: 39 YEARS, OCC: BUSINESS, R/O STATION SAIDAPUR, TQ. & DIST. YADGIRI-585 201.

3. SRI. RAJU T. S/O T. RAMULU, AGE: 54 YEARS, OCC: OWNER OF LORRY BEARING REG. NO. AP-22, W-2466, R/O BALANAGAR, MAHABOOBNAGAR DIST., ANDRA PRADESH-509 001. …RESPONDENTS (BY SRI. J. AUGUSTIN, ADV. FOR R1; R2-SERVED; V/O DTD. 31.07.2024, NOTICE TO R3 D/W) -2- THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR

VEHICLES ACT, PRAYING TO MODIFYING THE IMPUGNED JUDGMENT

AND AWARD DATED 23.11.2011 PASSED BY THE MACT-II AT YADGIR IN MVC NO.42/2010 AND THE SAME WAS ALLOWED IN PART AND CONSEQUENTLY BE PLEASED TO ENHANCE THE COMPENSATION AS PRAYED FOR. THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C M JOSHI

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE C M JOSHI) None appear for the appellants in the forenoon sessions and even in the afternoon session when the matter called. Therefore, it appears the appellants are not interested in prosecuting the matter. The appeal is filed with delay of 2575 days and the application for condonation of delay has been opposed by learned counsel for respondent No.1. In view of the non-prosecution, the appeal is dismissed. Sd/- (C M JOSHI) JUDGE SDU LIST NO.: 1 SL NO.: 22 CT: AK