The High Court of Karnataka dismissed a Miscellaneous First Appeal filed under Section 173(1) of the Motor Vehicles Act because the appellant failed to arrange for the substitution of a deceased respondent within the stipulated timeframe.
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.
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 07TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 200026/2019 (MV/SJ)
BETWEEN
MUDUKAPPA S/O SIDDAPPA PUJARI AGE: 50 YEARS, OCC: AGRI & LABOUR R/O. KOPPAR VILLAGE TQ:DEODURGA NOW RESIDING AT MADDIPET, RAICHUR
...APPELLANT
(BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE)
AND
2
MFA NO.200026/2019
1ST FLOOR MOGA COMPLEX CHITTAPUR ROAD, YADGIRI THROUGH ITS BRANCH MANAGER RAICHUR
…RESPONDENTS
(BY SRI. SUDARSHAN M. ADVOCATE FOR R6, SRI. SANJAY M. JOSHI FOR R3, VIDE ORDER DATED 20.06.2023, NOTICE TO R1, R2 & R4 IS DISPENSED WITH R-3 SERVED)
MISCELLANEOUS FIRST APPEAL FILED U/S. 173(1) OF MOTOR VEHICLE ACT, BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT, THIS HON’BLE
COURT MAY BE PLEASE TO ALLOW THE APPEAL, BY MODIFYING THE JUDGMENT AND AWARD DATED 02.08.2018 IN MVC NO.566/2012 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE AT RAICHUR, AND MAY KINDLY BE DIRECT THE RESPONDENT NO.3 TO PAY THE ENTIRE COMPENSATION TO THE APPELLANT AND THEREAFTER RECOVER 50% OF THE AWARD AMOUNT FROM RESPONDENT NO.5 AND FURTHER ENHANCE
3
MFA NO.200026/2019
THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the appellant shall take necessary steps in respect of the deceased - respondent No.5 by 27.02.2024, by that time, if the necessary steps are not taken, the appeal shall stands dismissed without further reference to the Court.
Sd/JUDGE
NOTE: Vide order dated 07.02.2024, the learned counsel for appellant has
not taken steps in R/O deceased R5 by 27.02.2024, Hence the appeal shall stands dismissed without further reference to the court.
Sd/- ASSISTANT REGISTRAR
T By : RBM
R By : VK
C By : NHD
MUDUKAPPA S/O SIDDAPPA PUJARI
PRAVEEN S/O RUDRAPPA CHINNINALAR
THE ORIENTAL INSURANCE COMPANY LTD
JAGADISH V. NOOLINAVAR
BUDEPPA S/O HANUMANTHRAYA HOSMANI
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
