IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A.No.7975 OF 2018 (MV-I) BETWEEN MRS.VANAJA SHETTY, D/O LATE MUTHAPPA SHETTY, AGED ABOUT 45 YEARS, RESIDING AT 6-201, ODIYOORU GUTHU HOUSE, KAROPADY VILLAGE & POST, BANTWAL TALUK, D.K. DISTRICT, PIN - 574219. ... APPELLANT (BY SRI.RAVISHANKAR SHASTRY G, ADVOCATE) AND 1. MR.A.K.PRAKASH SHEKA, S/O A.K.JAYARAMA SHEKA, MAJOR, RESIDING AT JYOTHI PRAKASH, KULASHEKARA, MANGALURU TALUK, D.K. DISTRICT, PIN - 575001.
2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., ANANDA BUILDING, 1ST FLOOR, MAIN ROAD, KULAI POST, MANGALURU TALUK, D.K. DISTRICT, PIN - 575001. ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04/07/2018, PASSED IN MVC NO.2134/2017, ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE & MEMBER, MACT, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
J U D G M E N T The injured claimant having died, appeal does not survive for consideration because of doctrine of action personalis moritur cum persona as held by the Division Bench of this Court in the case of SRIDEVI (DECEASED) THROUGH LRs vs. MASTAK AHAMAD & OTHERS, 2002 (1) ACC 262.
The appeal is dismissed.
Sd/- JUDGE cbc