M R Basavanthappa vs Smt. Mallamma
2021 Latest Caselaw 5969 Kant

                           1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF DECEMBER, 2021

                       BEFORE

  THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

MISCELLANEOUS FIRST APPEAL NO.10430 OF 2012 (MV)

BETWEEN:
M.R.BASAVANTHAPPA
S/O LATE RUDRAPPA,
AGED ABOUT 62 YEARS,
OPPOSITE OLD BUS STAND,
P.B.ROAD, KRISHNA ENGINEERING WORKS
COMPLEX, DAVANAGERE
                                       ...APPELLANT
(BY SRI. A.ANANDA SHETTY & SRI.N.RAJASHEKAR,
 ADVOCATES)

AND:

  1. SMT. MALLAMMA
     W/O LATE E.DHARMACHAR,
     NAGARAJ @ NAGAPPA,
     AGED ABOUT 52 YEARS

  2. SRI. VIJAYAKUMAR D
     S/O LATE E.DHARMACHAR,
     AGED 24 YEARS,
     RESPONDENTS 1 AND 2 ARE
     RESIDENTS OF KUDDUWADA
     VILLAGE AND POST,
     DAVANAGERE TALUK AND DISTRICT
                          2



  3. SRIRAM GENERAL INSURANCE CO. LTD.,
     E-8, ERIP, RHCO INDUSTRIAL AREA
     SIRAPURA, JAIPURA, RAJASTHAN
     BY ITS MANAGER

   4. B.R.PRAKASH
      S/O RANGAPPA,
      MAJOR IN AGE
      R/O BANDE BOMMANAHALLI VILLAGE
      HOLALKERE TALUK,
      CHITRADURGA
                                     ... RESPONDENTS
(BY SRI.R.SHASHIDHARA ADV., FOR R-1 AND R-2
SRI.B.PRADEEP ADV., FOR R-3
V/O/D 07.03.2014, NOTICE TO R4 IS D/W)

     THIS MFA IS FILED UNDER SEC.173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 21.8.2012
PASSED IN MVC NO.921/2010 ON THE FILE OF II
ADDITIONAL SENIOR CIVIL JUDGE & 6TH ADDITIONAL
MACT, DAVANGERE, AWARDING A COMPENSATION OF
RS.4,19,000/- WITH INTEREST OF 6% P.A FROM THE DATE
OF PETITION TILL THE DATE OF REALIZATION.

    THIS MFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

Learned counsel for the appellant has filed a memo

along with the death certificate of the appellant and

submitted that the appellant has died on 07.07.2021.

In spite of the best efforts, he is unable to get any

instructions from the legal representatives of the appellant.

The memo is taken on record.

As on today, no application has been filed for bringing

the legal representatives of the deceased appellant on record.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

GH