Divisional Manager vs Shri.Channamallayya Patrayya ...
2022 Latest Caselaw 2186 Kant

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

      DATED THIS THE 10TH DAY OF FEBRUARY 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT

                         AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            MFA NO.100252 OF 2017 (MV-I)

BETWEEN:

DIVISIONAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8, EPIP, RIICO SITAPUR, JAIPUR,
RAJASTHAN, NOW REP. BY ITS AUTHORISED
SIGNATORY, SHRIRAM GENERAL INSURANCE
COMPANY NO.2, LIMITED, LEGAL CELL,
E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA,
JAIPUR-302022, RAJASTHAN STATE.
                                              ...APPELLANT
(BY SRI. S.K.KAYAKAMATH, ADVOCATE)

AND

1.    SHRI. CHANNAMALLAYYA PATRAYYA
      HIREMATH, AGE:39 YEARS, OCC:SERVING
      IN DEFENCE, R/O 10 ENGINEERING UNIT,
      RANCHI, JHARKHAND.

2.   SHRI. SHAKILABANO BABAJAN KHANABHAI
     AGE:MAJOR, OCC:RESPONDENT,
     BUSINESS, R/O 984, KALAIGAR GALLI,
     NO.1, BELGAUM.
                                        ...RESPONDENTS
(BY SRI.SANJAY S KATAGERI, ADV. FOR R1)
                               2



(R2-NOTICE DISPENSED WITH)

     THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE
MV ACT, PRAYING TO CALL FOR THE RECORDS, HEAR THE
PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND AWRAD
DATED 18.10.2016 PASSED BY THE VI ADDL. DISTRICT AND
SESSIONS     JUDGE &   ADDL.      MACT, BELAGAVI        IN    MVC
NO.1664/2013 WITH COST IN THE INTEREST OF JUSTICE
AND EQUITY.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S.G. PANDIT J., PASSED THE FOLLOWING:


                            ORDER

Death of respondent No.1 is reported by filing a

memo dated 13.11.2019 by learned counsel for

respondent No.1.

Even to this day, learned counsel for the appellant

has failed to take steps to bring the legal representatives

of the deceased claimant/respondent No.1 on record. As

no steps have been taken to bring the legal

representatives on record, the appeal against respondent

No.1 abates and consequently, appeal would not survive

for consideration. Accordingly, appeal stands dismissed.

Amount in deposit before this Court shall be

transmitted to the Tribunal forthwith.

Pending applications, if any, do not survive for

consideration, and accordingly, they are disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

JTR