Enhancement appeal in a motor accident compensation claim was dismissed as abated because the appellant had died and her legal representatives were never brought on record despite court notice.
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NC: 2025:KHC:30846 MFA No. 5163 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5163 OF 2015
(MV-I)
BETWEEN:
SMT LAKSHMAMMA W/O.SUBBAIAH, AGED ABOUT 63 YEARS, R/O.MUSTIGARAHALLY, SIRA TALUK, TUMKUR DISTRICT
…APPELLANT
(BY SMT. SOWMYA R., ADVOCATE)
AND:
Digitally signed by MADHURI S
Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. Y.P.VENKATAPATHI., ADVOCATE FOR R2)
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2014 PASSED IN MVC NO.187/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, 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 P SREE SUDHA
ORAL JUDGMENT
Learned counsel for the respondent No.2 is present. Learned counsel for the appellant is absent.
In proceeding sheet dated 29.01.2024, it was mentioned
that, as per order dated 18.12.2023, Court notice issued to the appellant has returned with an endorsement as "deceased". Till today, steps were not taken to bring the legal representatives of the deceased appellant on record.
Hence, appeal stands dismissed as abated.
SD/(P SREE SUDHA) JUDGE
HR
1 issue framed by the court
Whether the appeal survives when the appellant died and legal representatives were not brought on record.
1 provisions across 1 enactments
Smt Lakshmamma W/o. Subbaiah
G Mahesh S/o G.Linganna
The United India Assurance Co.Ltd
P Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
