IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.7720/2013 [MV] BETWEEN:
MR.WALTER LOBO S/O LATE J B LOBO AGED 54 YEARS SINCE BEDRIDDEN REP. BY HIS WIFE IRENE MOTHILDA D’ SOUZA AGED 51 YEARS R/O WARM VILLA KUTHAR PADAV MUNNUR POST MANGALORE, DK-575012. (BY SRI. JEEVAN K., ADV.) AND:
1. THE DIVISIONAL CONTROLER K S R T C, MANGALORE DIVISION BEJAI, MANGALORE-575004.
2. SRI JOHN PRAVEEN KISHORE LOBO AGED 34 YEARS S/O VICTOR LOBO R/O ‘VICTOR VILLA’ MUNNUR, KUTHAR PADAV MANGALORE-575012.
...APPELLANT 3. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE II FLOOR, BHARATH BUILDING P M RAO ROAD MANGALORE, DK-575001.
(BY SRI.NAGARAJA K., ADV. FOR R1 SRI B.C.SEETHARAMA RAO, ADV. FOR R3 R2-NOTICE D/W V/O DT:09/09/2015) …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.07.2012 PASSED IN MVC NO.1826/2010, ON THE FILE OF HON’BLE PRESIDING OFFICER FAST TRACK COURT & MEMBER MACT, D.K., MANGALORE, 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 Memo dated 26.11.2019 is filed by learned counsel for the appellant stating that appellant died on 01.09.2015 during the pendency of the appeal.
Memo is placed on record. In view of the death of the appellant, the appeal would not survive for consideration. Accordingly, the appeal is dismissed as abated.
Sd/- JUDGE NG* CT:bms