SMT. H. SHWEETHA v. MODHIN SHA WALEKAR
Case at a glance
Outcome
Dismissed
The appeal is dismissed for non-prosecution
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Judgment
THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1219/2022 (MV-D) BETWEEN:
SMT. H. SHWEETHA W/O LATE CHANDRAKANTHA .H AGED ABOUT 26 YEARS HOUSE WIFE.
KUMARI MANVITH D/O LATE CHANDRAKANTHA .H AGED ABOUT 3 YEARS.
SRI. HANUMANTHA NAIK S/O LATE YAMANANAIK AGED ABOUT 52 YEARS.
SMT. MANJIBAI W/O HANUMANTHANAIK AGED ABOUT 47 YEARS. APPELLANT NO.2 IS MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT NO.1. ALL ARE R/AT YELAVATTI THANDA HARIHARA TALUK DAVANAGERE DISTRICT. NOW AT R/O 2ND MAIN, 1ST CROSS MOUNESHWARA BADAVANE - 2 - NC: 2026:KHC:25475-DB M.F.A. No.1219/2022 HC-KAR NITUVALLI DAVANAGERE - 577 001. (BY SRI. MANJUNATH N.D. ADV., [ABSENT]) …APPELLANTS AND:
1. MODHIN SHA WALEKAR S/O KASIM SHA MAJOR R/O INDIRA NAGARA JUMMA MAJEED ROAD BIJAPURA - 586 101 DAVANAGERE DEPOT DAVANAGERE - 577 001.
2. DIVISIONAL CONTROLLER DAVANAGERE DIVISION DAVANAGERE - 577 001.
3. THE CHAIRMAN KSRTC INTERNAL SECURITY FUND SARIGE BHAVANA SHANTHI NAGARA K H ROAD, BANGALORE - 560 027. (BY SMT. H.R. RENUKA, ADV., FOR R3) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS IN MVC NO.269/2019 FROM THE FILE OF THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE & MACT-VI, AT DAVANAGERE AND THEREBY ALLOW THE CLAIM PETITION OF THE APPELLANTS BY AWARDING COMPENSATION AS PRAYED IN THE CLAIM PETITION BY MODIFY THE JUDGMENT AND AWARD DATED 30.11.2020 TO MEET THE ENDS OF JUSTICE AND EQUITY & ETC. - 3 - NC: 2026:KHC:25475-DB M.F.A. No.1219/2022 HC-KAR THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Despite the matter being called out twice, no one appears for the appellants.
2. Learned counsel for the respondent No.3 is present.
Operative part
3. The appeal is dismissed for non-prosecution.
4. The trial Court records shall be returned to the concerned claims Tribunal. Sd/- (JAYANT BANERJI) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 33
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is dismissed for non-prosecution
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.