Dismissed¶24

Linganagouda S/O Ramanagouda Kashappagoudar v. Anand S/O Siddappa Shinde

Karnataka HC11 Sept 2025MFA/100402/2015

Case brief

AI extract

What is this about?

Abatement of motor-accident compensation appeal on death of sole appellant without legal representatives coming on record; dismissal as abated by operation of law; MFA No. 100402 of 2015 (MV-); arises from dismissed MVC No.51/2011, III Addl. Senior Civil Judge & Addl. MACT Hubli, judgment and award dtd 09.10.2014; Sections 173(1) and 166, Motor Vehicles Act; High Court of Karnataka at Dharwad; Hon'ble Mr. Justice Ashok S. Kinagi; decided 11.09.2025; NC: 2025:KHC-D:12022.

What did the court decide?

Since the sole appellant passed away on 08.03.2025 and his legal representatives have not taken any steps to come on record, the appeal abates by operation of law. ¶23

Linganagouda S/O Ramanagouda Kashappagoudar Vs Anand… — Motor Accident Claims | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:12022 MFA No. 100402 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100402 OF 2015 (MV-)

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BETWEEN:

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LINGANAGOUDA S/O RAMANAGOUDA KASHAPPAGOUDAR, AGE: 41 YEARS, OCC: BUSINESS & AGRICULTURE, R/O. PRASHANT NAGAR, HUBBALLI, DIST: DHARWAD.

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…APPELLANT

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(BY SRI. D.B. KALLANAGOUDRA, ADV)

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AND:

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ANAND S/O SIDDAPPA SHINDE H.NO.3, 1^ST CROSS NAGAR, HUNDARGI KIRANI STORE, ANAND NAGAR, HUBLI.

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FUTURE GENERALI INDIA 2^ND FLOOR, KALBURGI LAND MARK, OPP. T.B.GIRLS, HIGH SCHOOL, DESHPANDE NAGAR, HUBLI.

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…RESPONDENTS

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MOHANKUMAR B SHELAR

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. S.K. KAYAKAMATH, ADV FOR R2, NOTICE TO R1 IS SERVED)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DTD:09.10.2014, PASSED IN MVC. NO.51/2011 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HUBLI, DISMISSING THE PETITION FILED U/S.166 OF MV ACT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER :

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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2 - NC: 2025:KHC-D:12022 MFA No. 100402 of 2015

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HC-KAR

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ORAL ORDER

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Learned counsel for the appellant submits that the sole appellant passed away on 08.03.2025. He also submits that the legal representatives of the deceased appellant have not approached him to file necessary application to come on record.

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The appellant passed away in March 2025 and his legal representatives have not taken any steps to come on record. Admittedly, the appeal arises out of the claim petition filed by the appellant, on the account of personal injuries sustained in the road traffic accident, which was dismissed. In view of the death of the appellant, the appeal is abated by operation of law.

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Accordingly, the appeal is dismissed as abated.

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Sd/(ASHOK S. KINAGI) JUDGE

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kmv

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CT: BSB

Linganagouda S/O Ramanagouda Kashappagoudar v. Anand S/O Siddappa Shinde

Case brief

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Linganagouda S/O Ramanagouda Kashappagoudar v. Anand S/O Siddappa Shinde

Case brief

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