The Divisional Manager vs Subhash Shankar Bedkihale
2022 Latest Caselaw 299 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 7th DAY OF JANUARY, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

                  M.F.A. No.21734/2013(MV)

BETWEEN

THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD,
CLUB ROAD, OPPOSITE CIVIL HOSPITAL BELGAUM,
DIST: BELGAUM,
(INSURER OF MOTORCYCLE BEARING NO.KA-49-H-2584)
ENGINE NO.E-43357, CHASSIS NO.F-58432
UNDER ITS POLICY NO.472502/31/2011/4080
VALID FROM 19/11/2010 TO 18/11/2011)
REPRESENTED BY ITS ASSISTANT MANAGER,
ORIENTAL INSURANCE COMP LTD,
REGIONAL OFFICE SUMANGALA COMPLEX,
LEMINGTON ROAD, HUBLI.
                                               ...APPELLANT
(BY SRI.G.N.RAICHUR, ADVOCATE)

AND

1.     SHRI.SUBHASH SHANKAR BEDKIHALE
       AGE: 41 YEARS, OCC: SERVICE AND AGRICULTURE,
       R/O KESTI, TQ: HUKKERI, DIST: BELGAUM.

2.     SHRI.BHARTESH SIDAPPA BEDAKIHALE
       AGE: 37 YEARS, OCC: SERVICE,
       R/O: YELLIMUNNOLI, TQ: HUKKERI,
       (OWNER OF MOTOR CYCLE BEARING No.KA-49-H-2584)

                                                ...RESPONDENT
(BY SRI.RAJENDRA R. PATIL, ADVOCATE FOR R1)
(R2 NOTICE SERVED)
                                    2




      THIS   MISCELLANEOUS        FIRST    APPEAL       IS       FILED    UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 19.01.2013 PASSED IN MVC NO.691/2012. ON THE FILE OF
THE   PRESIDING    OFFICER,      FAST   TRACK     COURT-I,          CHIKKODI,
AWARDING THE COMPENSATION OF ` 2,93,100/- WITH INTEREST AT
THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL
REALISATION.


      THIS APPEAL COMING ON FOR ORDER , THIS DAY THE COURT
MADE THE FOLLOWING:


                                 ORDER

Learned counsel for the respond ent sub mits that

steps have not been taken in respect of d eceased

respondent No.1 and therefore appeal has ab ated

against him. The submission is placed on record.

Learned counsel who was app earing for the

deceased respondent No.1 has filed a memo on

8.10.2021 stating that respondent No.1- claimant has

died on 4.02.2021. In sp ite of said memo, steps have

not taken by appellant to bring the leg al

representatives of deceased respond ent No.1 on

record . Therefore the appeal ag ainst the respondent

No.1-claimant stands d ismissed as abated.

Consequently, the entire appeal stands d ismissed.

Sd/-

JUDGE

AC