Insurer's appeal in a motor-accident compensation matter abated against respondent No.1 following the claimant's death, and against respondent No.2 consequently did not survive.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.8771/2015 (MV-I)
BETWEEN:
THE CLAIM MANAGER ORIENTAL INSURANCE CO. LTD. CORPORATE & REGD. OFFICE, ORIENTAL HOUSE, P.B. NO.7037 A-25/27, ASOF AJI ROAD NEW DEHI-110 002 REP. BY THE ORIENTAL INSURANCE CO. LTD., HASSAN BY THE ORIENTAL INSURANCE CO. LTD. REGIONAL OFFICE, 2ND FLOOR SUMANGALA COMPLEX LAMINGTON ROAD, HUBLI-580 020 …APPELLANT
(BY SRI. O MAHESH, ADVOCATE)
AND:
Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka
REPRESENTATION OF UNSOUND MIND BY NEXT FRIEND SMT. BHAGYALAXMI @ BHAGYA AGED ABOUT 29 YEARS R/AT RAMPURA VILLAGE NUGGEHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 201
NC: 2024:KHC:48644-DB MFA No.8771/2015
(BY SRI. GIRISH B BALADARE, ADVOCATE; NOTICE ON R2 IS DEEMED TO BE COMPLETE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 03.06.2015 PASSED IN MVC NO.1221/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, AWARDING A COMPENSATION OF RS.16,14,000/- WITH INTEREST @ 6% P.A FOR RS.15,64,000/(EXCLUDING FUTURE MEDICAL EXPENSES OF RS.50,000/- FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL, COMING ON FOR ADMISSION, 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)
Respondent No.1 is sole claimant before the Tribunal. He reportedly died on 23.03.2022. His legal representatives are already brought on record in the connected matter.
needful is not done. Therefore, appeal against respondent No.1 already stood abated. Under the circumstances, appeal against
NC: 2024:KHC:48644-DB MFA No.8771/2015
respondent No.2 also does not survive and appeal stood
disposed of accordingly.
Sd/(K.S.MUDAGAL) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
PKN List No.: 1 Sl No.: 0
1 provisions across 1 enactments
The Claim Manager Oriental Insurance Co. Ltd.
Sri Thyagaraj
Sri H.R. Krishnamurthy
K.S.Mudagal
Vijaykumar A. Patil
As recorded by the court registry
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