IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE M.F.A. No.1007/2014[MV] BETWEEN:
SRI NANJUNDAIAH S/O LATE CHOWDAPPA AGED 64 YEARS R/O NO. 90/A 3RD MAIN ROAD 1ST CROSS, VHBCS EXTENSION LAYOUT BENGALURU- 560 082 ... APPELLANT (BY SRI PRASAD B.S. ADV.) AND 1.SRI P. RAJESH KUMAR S/O N. PURUSHOTHAM NAIDU R/O NO.11, III FLOOR BULLET KRISHNAPPA BUILDING BALAJI LAYOUT NEAR TATA NAGAR CIRCLE KODIGE HALLI BENGALURU 560 092 2. SRI RAJESH S/O CHANDRAPPA R/O NO. 17/2 BEEMANNA GARDEN SHANTHINAGAR BANGALORE 560 032 AND ALSO AT KIRISEVE CHANNARAYAPATNA TALUK HASSAN DISTRICT 573 201.
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3.THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE COMPANY LTD II FLOOR SHANKAR HOUSE NO.1 R.M. VILAS EXTENSION MEKHRI CIRCLE BANGALORE 560 080 ... RESPONDENTS (BY SRI E.I. SANMATHI ADV. FOR R.3 NOTICE TO R1 & R2 D/W V/O DATED 13.01.2015) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.07.2013 PASSED IN MVC NO3357/2012 ON THE FILE OF THE XXII ADDL SMALL CAUSES JUDGE & MEMBER MACT, BANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T It is submitted that the appellant is dead. Learned counsel for the appellant has not taken steps to bring the legal representatives of the deceased appellant on record. Hence, the appeal stands abated.
Sd/-
ACTING CHIEF JUSTICE HR