IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA M.F.A NO.8435/2010 (MV) BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE-XI, 4TH FLOOR, TOWER BLOCK, UNITY BUILDING, J.C. ROAD, BANGALORE-560 002, BY ITS DULY CONSTITUTED ATTORNEY. (BY SRI C.R. RAVISHANKAR, ADV.,) AND:
1. SRI. SURYANARAYANA RAO K.G, AGED ABOUT 67 YEARS, S/O. SRI. K. GOVINDA RAO, R/AT NO.13, 2ND MAIN, 2ND CROSS, VIVEKANANDANAGAR, BANGALORE.
2. SRI. N.R.B. GARDA, MAJOR S/O. SRI. RUSTUM B. GARDA, R/AT NO.E-3, RUSTUMJI APARTMENT, 30 NORRIS ROAD, BANGALORE-560 025.
3. SRI. AMANULLA, AGED 59 YEARS, S/O. SRI. YUSUF SHERIFF, R/AT NO.6, THIMMAIAH ROAD, BANGALORE-560 051.
. . . APPELLANT . . . RESPONDENTS ( BY APPEAL AGAINST R1 DISMISSED AS ABATED;
R2 SERVED V/O DATED 31/1/15 SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.01.2010 PASSED IN MVC NO.5086/2008 ON THE FILE OF THE VI ADDITONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.73,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the Insurer of the offending vehicle challenging the judgment and award passed by the Tribunal on the ground of liability.
2. Notice issued to respondent No.1-claimant was returned with postal shara dated 26.08.2015 as ‘deceased’. Since steps were not taken to bring the legal representatives of respondent No.1 on record within the time stipulated in law, appeal came to be dismissed as against respondent No.1 as abated as per the order dated 24.11.2012.
3. In view of dismissal of appeal as against respondent No.1, appeal against other respondents does not survive for consideration.
Accordingly, appeal as well as Misc.Cvl Nos.17128/2010 and 17129/2010 are dismissed as do not survive for consideration. Amount deposited in the appeal is ordered to be refunded to the appellant as requested by the learned counsel for the appellant.
Sd/- JUDGE BS