IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.10765 of 2013 (MV) BETWEEN:
SRI.GADIGAPPA.M GADIGAPPAMAGANUR S/O. RUDRAPPAMAGANUR AGED ABOUT 38 YEARS IM NO.479, CPD DEPT.
HIMALAYA DRUG CO. LTD., NH-4 MAKALI BANGALORE NORTH ... APPELLANT (BY SRI.SHRIPAD V SHASTRI, ADV.) AND:
1. RANGANATH K KAPSI S/O. KAPSI KL NO.200, 15TH B CROSS, 2ND STAGE 2ND PHASE, WOC ROAD MAHALAKSHMIPURAM BANGALORE - 86 2. THE MANAGER THE BAJAJ ALLIANZ INSURANCE COMPANY LTD. NO.31, TB TOWER GENERAL INSURANCE COMPANY LTD. NEW MISSION ROAD, ADJACENT TO JAIN COLLEGE AND BANGALORE STOCK EXCHANGE, BANGALORE – 2 ... RESPONDENTS 2 (BY SRI.S.MANJUNATHA, ADV. FOR R1; SRI.P.B.RAJU, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.09.2013 PASSED IN MVC NO.928/2011 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE & XXXIII ACMM, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel for the respondent submits appeal abates since the claimant died. In view of the submission made, appeal is liable to be dismissed a having become abated. Accordingly it stands dismissed. However, liberty is reserved to the appellant to revive the appeal, in case, if the submission is found incorrect.
Sd/-
ACTING CHIEF JUSTICE lnn