IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.4475/2015 (MV-D) BETWEEN:
1. THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE SHANKAR BLDG., MOSQUE ROAD, UDUPI 2. THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, 2ND FLOOR NO.81/D, CHETTY STREET OPP. BUS STAND, THIRUCHENGOD NAMAKKAL, TAMILNADU-637 211.
BOTH REPRESENTED BY AUTHORISED SIGNATORY AT REGIONAL OFFICE #144, SHUBHARAM COMPLEX M G ROAD BANGALORE- 560001.
...APPELLANTS (BY SRI.SRISHAILA S, ADV.) AND:
1. KRISHNANAIKA S/O DHARAMANAIKA AGED ABOUT 62 YRS 2. SMT. SHANTIBAI W/O KRISHNANAIKA AGED 54 YRS 3. YOGARAJANAIKA S/O KRISHNANAIKA AGED 20 YEARS ALL R/O GOVINDAPURA VILLAGE CHIKKINGALA POST BIRUR HOBLI, KADUR TALUK CHIKKAMAGALUR DIST.-577546.
4. S S RAJU S/O SUBRAMANYA 29 YRS R/O LAKSHMISHA NAGARA KADUR TOWN KADUR TALUK-577546.
5. MRS. M RAJESHWARI W/O M MURUGESHAN AGED 46 YEARS R/O NO.10, S S S BLDG., A V ROAD, CHAMARAJPET BANGALORE-560018.
(BY SRI.R C NAGARAJ, ADV. FOR R1 TO R3 ) …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.12.2014 PASSED ON IA NO.VII IN MVC NO.128/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, AT KADUR, CHIKMAGALUR DISTRICT, ALLOWING IA NO.VII FOR INTERIM COMPENSATION.
THIS M.F.A COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellants submits that the appeal was filed against the interim order by which interim compensation was ordered to be paid. Subsequently MVC itself is disposed off, hence the appeal would not survive for consideration.
Submission of the learned counsel for the appellant is placed on record. The appeal is dismissed as having become infructuous.
The amount in deposit be transmitted to the concerned Tribunal.
Sd/- JUDGE NG* CT:bms