Ningawwa vs Shivabasava M.Hatapaki
2021 Latest Caselaw 2595 Kant

                 IN THE HIGH COURT OF KARNATAKA
                         DHARWAD BENCH

               DATED THIS THE 02ND DAY OF JULY 2021

                             BEFORE

              THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

                      MFA NO.24249/2013(MV)

BETWEEN:

SMT. NINGAWWA
W/O YALLAPPA YADRAVI,
AGE: 51 YEARS, OCC: BUSINESS
(BANANA VENDING) NOW NIL,
R/O: NAKA NO.1, MARUTI NAGAR,
GOKAK, TQ: GOKAK,
DIST: BELGAUM.
                                                      ...APPELLANT
(BY SRI.: HANAMANT R LATUR, ADV.)

AND:

1.     SHIVABASAVA M.HATAPAKI
       AGE: 46 YEARS, OCC: BUSINESS,
       R/O: HOSPETH GALLI,
       GOKAK, TQ: GOKAK,
       DIST: BELGAUM.

2.     THE DIVISIONAL MANAGER
       THE NEW INDIA ASSURANCE CO.LTD.,
       DIVISIONAL OFFICE,
       CLUB ROAD, BELGAUM,
       DIST: BELGAUM.
                                                  ...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R2
    APPEAL AGAINST R1 IS DISMISSED AS ABATED.)
                                         2




       THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:
27-09-2013 PASSED IN MVC NO.08/2012 ON THE FILE OF THE
PRL.SENIOR    CIVIL     JUDGE    AND        MEMBER,    ADDL.    MACT,   GOKAK,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

       THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   ORDER

This appeal is filed challenging the award of the tribunal,

wherein the award is passed against the owner of the vehicle.

However, the appeal in respect of respondent No.1 owner is

dismissed as abated.

In view of the same, appeal does not survive for

consideration. It is dismissed as abated.

SD JUDGE MNS/