This miscellaneous first appeal was filed for enhancement of compensation. The sole appellant died. The appellant's counsel repeatedly requested time to introduce legal representatives. As no steps were taken to substitute the parties, the appeal was dismissed as abated.
None; the appeal was dismissed as 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.
NC: 2025:KHC:46734 MFA No. 2559 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 2559 OF 2013 (MV)
BETWEEN:
C SHIVARUDARAIAH S/O CHANNAVERAIAH, AGED ABOUT 62 YEARS, R/AT C/O LOKESH PRASAD, NO. 614, B-5, KRISHNA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE- 560 047 (AS PETITIONER IS NOT IN CONSCIOUS, HE IS REPRESENTED BY NATURAL GUARDIAN S MANJUAL W/O C SHIVARUDRAIAH, AGED ABOUT 52 YEARS)
…APPELLANT
(BY SRI. SANKET M YENAGI.,ADVOCATE)
Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA
AND:
UNITED INDIA INSURACNE COMPANY LIMITED, NO.109, SSI AREA, (NEXT TO DASAASHRAMA) DR RAJKUMAR ROAD, RAJAJINAGAR V BLOCK, BANGALORE- 560 010
NC: 2025:KHC:46734 MFA No. 2559 of 2013
HC-KAR
BANGALORE- 560 086
…RESPONDENTS
(BY SRI. B.A RAMAKRISHNA, ADVOCATE FOR R1; V/O DTD 14.03.2014, NOTICE TO R2 AND R3- D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.12.2012 PASSED IN MVC NO.2562/2009 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, 27TH ACMM, MACT, BANGALORE,(SCCH-11), 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 DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT
None appears for the appellant and learned counsel
for respondent No.1 is present.
HC-KAR
posted on 02.01.2023, on that day also learned counsel for the appellant sought time to take necessary steps in respect of the deceased sole appellant. Then, the matter was posted on 10.04.2023, again learned counsel for the appellant sought time.
Sd/(DR.K.MANMADHA RAO) JUDGE
GSR List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the pending appeal can be proceeded with after the death of the sole appellant without bringing legal representatives on record.
C SHIVARUDARAIAH
THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED
SRINIVAS
SUBHASH
K. MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
