Motor accident compensation appeal seeking enhancement was disposed of after the appellant's death, as his legal representatives had not been brought on record and the appeal stood abated.
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 AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6361/2017 (MV-I)
BETWEEN:
DEEPAK J S/O JAYAKUMAR K K AGED ABOUT 23 YEARS 2ND CROSS, SIDDAIAH NAGAR HASSAN …APPELLANT
(BY SRI.MAHESH A M, ADVOCATE FOR SMT.KAVITHA H C, ADVOCATE)
AND:
S/O A C HERY, AALVARS CENTER NANTHURU, MANGALORE – 575 005 OWNER OF BMW CAR BEARING
REGISTRATION NO.KA.19.MD.8316
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
ICICI LAMBORD GENERAL INSURANCE CO. LTD. MAXIMUS COMMERCIAL COMPLEX C22, LHH ROAD HAMPANAKATTE, MANGALORE REP. BY ICICI LAMBORD GENERAL INSURANCE CO. LTD. 2ND FLOOR, KRUTIKA ARCADE
NR CIRCLE, HASSAN … RESPONDENTS
(BY SRI.B PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O DTD:20.07.2021)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFYING AND ENHANCING THE JUDGMENT AND AWARD DATED 08.03.2017 PASSED IN MVC NO.1100/2015 ON THE FILE OF THE II ADDITIONAL
NC: 2024:KHC:46959-DB MFA No.6361/2017
DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, 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: HON'BLE MRS JUSTICE K.S.MUDAGAL and
HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
Learned Counsel for the appellant has filed memo
reporting that the appellant died on 15.06.2023. His legal representatives have not come on record. Therefore, the appeal
is already abated and disposed of accordingly.
Sd/(K.S.MUDAGAL) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
PKN
List No.: 1 Sl No.: 1
1 provisions across 1 enactments
Deepak J
Susheel Clarency Hery
The Manager, ICICI Lambord General Insurance Co. Ltd.
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
