IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF NOVEMBER, 2018 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE P.B. BAJANTHRI M.F.A. NO.6286/2015 (MV) C/W M.F.A. NO.6356/2015 IN M.F.A. NO.6286/2015 BETWEEN:
DODDAIAH S/O. HIRIYANNA AGED ABOUT 39 YEARS ASSISTANT TEACHER R/A G.MALENAHALLI VILLAGE NONAVINAKERE HOBLI TIPTUR TALUK, TUMKUR DISTRICT PRESENTLY R/AT DODDAIAH S/O HIRIYANNA C/O THIRUMALEGOWDA HOUSE NO. 146, 7TH CROSS SHANKARA MUTT ROAD K.R.PURAM, HASSAN … APPELLANT (BY SRI.SHRIPAD V SHAHSTRI, ADVOCATE) AND:
1. B.P.LOKESH S/O PUTTEGOWDA AGED ABOUT 49 YEARS R/AT BELAGARAHALLI VILLAGE NONAVINAKERE HOBLI TIPTUR TALUK, TUMKUR DISTRICT 2. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., CORPORATE AND REGISTERED OFFICE ORIENTAL HOUSE PB NO. 7037, A. 25/27 ASAF ALI ROAD NEW DELHI -110 002 REPRESENTED BY THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, 1ST FLOOR S.S.COMPLEX, SUBASH SQUARE HASSAN- 573 201 ... RESPONDENTS (BY SRI.O.MAHESH, ADVOCATE FOR R-2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 27/01/2017) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.05.2015 PASSED IN MVC NO.400/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC., IN M.F.A. NO.6356/2015 BETWEEN:
THE MANAGER ORIENTAL INSURANCE CO. LTD., CRPORATE AND REGISTERED OFFICE, ORIENTAL HOUSE, P.B. NO.7037, A-25/27, ASAF ALI ROAD, NEW DELHI-110002 REPRESENTED BY THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, 1ST FLOOR, S.S. COMPLEX, SUBASH SQUARE, HASSAN-573201.
BY IT’S MANAGER.
… APPELLANT (BY SRI. O.MAHESH, ADV.,) AND:
1. DODDAIAH S/O. HIRIYANNA AGED ABOUT 39 YEARS ASSISTANT TEACHER R/A G.MALENAHALLI VILLAGE NONAVINAKERE HOBLI TIPTUR TALUK, TUMKUR DISTRICT – 572101.
PRESENTLY R/AT DODDAIAH S/O HIRIYANNA C/O THIRUMALEGOWDA HOUSE NO. 146, 7TH CROSS SHANKARA MUTT ROAD K.R.PURAM, HASSAN – 573201.
2. B.P.LOKESH S/O PUTTEGOWDA AGED ABOUT 51 YEARS R/AT BELAGARAHALLI VILLAGE NONAVINAKERE HOBLI TIPTUR TALUK, TUMKUR DISTRICT – 572101.
(BY SRI. SHRIPAD V. SHASTRY, ADV., FOR R1 R2 SERVED AND UNREPRESENTED) ... RESPONDENTS THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.05.2015 PASSED IN MVC NO.400/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT., HASSAN, AWARDING COMPENSATIN OF RS.15,39,169/- WITH INTEREST @ 6% P.A. ON RS.15,09,169/- FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT AND ETC., THESE APPEALS COMING ON FOR ADMISSION THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant – claimant filed a memo dated 09.07.2018 and submits that since the appellant died during the pendency of these appeals, the above appeals may be dismissed as abated.
2. Memo is taken on record.
3. The appeal filed by the claimant-appellant is dismissed as abated. The appeal filed by the insurance company as against 1st respondent who is claimant is dismissed as abated.
Amount in deposit, if any, be transmitted to the Tribunal.
Lower Court records be sent to the Tribunal.
Sd/- JUDGE Sd/- JUDGE BS