Appeal against enhancement of motor accident compensation could not be decided because the sole appellant died during pendency and no application was filed to bring his legal representatives on record; the appeal was dismissed as abated.
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NC: 2024:KHC-D:15449-DB MFA No. 103283 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.103283 OF 2019 (MV-I)
BETWEEN:
MAHANTESH S/O. RAMAPPA MALI AGE: 30 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313.
…APPELLANT
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)
AND:
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.10.25 14:31:38 +0530
BAGALKOT-587102.
…RESPONDENTS
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.07.2018 PASSED IN MVC NO.396/2016 ON THE FILE OF THE MEMBER, MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
Learned counsel for the appellant submits that the sole appellant has died on 05.06.2024, as on today no application has been filed to bring the legal representatives of the
deceased appellant and hence, appeal be dismissed as abated.
The submission is taken on record.
Appeal is dismissed as abated.
Sd/(H.T.NARENDRA PRASAD) JUDGE
Sd/(VENKATESH NAIK T) JUDGE
RSH / Ct:VH
List No.: 1 Sl No.: 1
1 provisions across 1 enactments
Mahantesh S/o Ramappa Mali
Sadashiv S/o Sheshappa Sarwad
Divisional Manager, United India Insurance Co. Ltd.
H.T. Narendra Prasad
Venkatesh Naik T
As recorded by the court registry
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