This order abates a motor accident compensation appeal filed by a deceased appellant whose legal representatives were not on record. It also abates the cross-objection due to counsel inaction.
The appeal and cross-objection were abated. Amount to be transmitted to the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 26TH DAY OF AUGUST 2019
BEFORE
THE HON’BLE MR.JUSTICE K. NATARAJAN
M.F.A. NO.21600 OF 2012 (MV)
C/W M.F.A. CROB NO.788 OF 2013 (MV)
IN M.F.A. NO.21600 OF 2012 (MV)
BETWEEN
AKBAR S/O BAVASAB GADAG, AGE: MAJOR, OCC: BUSINESS, R/O: HOSAVATNAL, TALUK: HALIYAL, DIST: UTTARA KANNADA.
... APPELLANT
(BY SRI. GIRISH S. HIREMATH), ADVOCATE)
AND
FAKKIRAPPA S/O SIDDAPPA METRI, AGE: 50 YEARS, OCC: COOLIE, R/O: NAGASHETTIKOPPA, HALIYAL, NOW AT C/O V.S HADAGALI, MRUTHUNJAYANAGAR, DHARWAD.
... RESPONDENT
(BY SRI. SANTOSH B RAWOOT, ADVOCATE)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.12.2011 PASSED IN M.V.C.NO.880/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I, DHARWAD,
-2-
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. CROB NO.788 OF 2013 (MV) BETWEEN
FAKIRAPPA S/O. SIDDAPPA METRI, AGE: 54 YEARS, OCC: COOLIE, R/O.NAGASHETTIKOPPA, HALIYAL, NOW AT C/O. V.S. HADAGALI, MRUTHYUNJAYANAGAR, DHARWAD, TQ: DHARWAD, DIST: DHARWAD.
... CROSS-OBJECTOR
(BY SRI. SANTOSH. B. RAWOOT, ADVOCATE)
AND
AKBAR S/O. BAVASAB GADAG, AGE: MAJOR, OCC: BUSINESS, R/O. HOSAVATNAL, TQ: HALIYAL, DIST: DHARWAD.
... RESPONDENT
(BY SRI. GIRISH S. HIREMATH, ADVOCATE)
THIS M.F.A.CROB IN M.F.A.NO.21600 OF 2012 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.12.2011 PASSED IN MVC NO.880/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I, DHARWAD AND SEEKING TO DISMISS M.F.A.NO.21600 OF 2012 IN THE INTEREST OF JUSTICE.
THE APPEAL AND THE CROSS-OBJECTION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
ORDER
The appellant in M.F.A.No.21600/2012 was
reported dead two years back and since then no steps were taken to bring the legal representatives of deceased sole appellant on record. In view of non-taking steps in respect of the appellant, the appeal abates.
the Tribunal.
Sd/JUDGE
yan
AKBAR S/O BAVASAB GADAG
FAKKIRAPPA S/O SIDDAPPA METRI
AKBAR S/O. BAVASAB GADAG
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
