IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.1839 OF 2015 (MV) BETWEEN BHOOTHAIAH, AGED ABOUT 54 YEARS, S/O KAREMALAGAIAH, R/O RANGANATHA NAGARA-572 137, SIRA, TUMKUR DISTRICT ... APPELLANT (BY SRI. PATEL D KAREGOWDA, ADVOCATE) AND 1. PRATHAP SINGH AGED ABOUT 39 YEARS, S/O BALAJI SINGH, BALAJI MOTOR SERVICE BELAGUMBA-572 101.
KYATHASANDRA POST; TUMKUR TQ. & DISTRICT.
2. THE NEW INDIA ASSURANCE COMPANY LIMITED., BRANCH OFFICE, B.H.ROAD, TUMKUR-572 101. BY ITS MANAGER.
... RESPONDENTS (BY SRI. A.M.VENKATESH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 20.2.2014 PASSED IN MVC NO.1046/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, AT SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT It is stated that the liability was fastened on respondent No.1 who is the owner of Balaji Bus bearing Reg.No.TN.23.Q.7002 in judgment and award dated 20-2-2014 in MVC.No.1046/2011 on the file of Senior Civil Judge & Additional MACT, Sira. It is also stated that respondent No.1 died during the pendency of the appeal. No steps have been taken till this date in respect of deceased-respondent No.1.
Hence, the appeal stands dismissed for non- prosecution.
Sd/- JUDGE SMJ