IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.4387 OF 2015 [MV] BETWEEN ANAND S/O. DASHARATH, AGED ABOUT 26 YEARS, CHANNAHALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT.
PRESENT ADDRESS;
C/O. BABANNA, BAGE VILLAGE, KASABA HOBLI, SAKALESHPUR TALUK, HASSAN DISTRICT-576 467.
... APPELLANT (BY SRI.SHARATH KUMAR H.N., ADVOCATE) AND 1. P. KALIYAPPAN, S/O. PERIYASWAMY, NO.7, R.C.C.206-261, S.C. MUT ROAD, CHAMARAJAPETE, BANGALORE DISTRICT, BANGALORE-577 001.
2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NO.2, DR. SHANKARAN ROAD, NAMAKKAL-637 001.
REPRESENTED BY:
THE MANAGER, SHREE VENKATESHWARA COMPLEX, B.M. ROAD, HASSAN TOWN, HASSAN-573 201.
... RESPONDENTS (BY SRI.M.S. SRIRAM, ADVOCATE FOR R2) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2014 PASSED IN MVC NO.1051/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, AT SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMEPSNATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed a memo stating that the appellant has died on 14.10.2015. He would further submit that the appellant being the injured-claimant, the appeal does not survive for consideration and the same may be dismissed as abated. Memo is placed on record.
The appeal is dismissed as the same does not survive for consideration in view of death of the appellant.
Sd/- JUDGE snc