The Manager, Shriram General ... vs Laxmi W/O Ajaneya @ Manjunath And ...
2022 Latest Caselaw 7906 Kant

                                1

             IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

           DATED THIS THE 1ST DAY OF JUNE 2022

                            PRESENT

 THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                              AND

           THE HON'BLE MR.JUSTICE S. RACHAIAH

     MISCELLANEOUS FIRST APPEAL No.200422/2016 (MV)

Between:

The Manager
Shriram General Insurance Co. Ltd.
S-5, 2nd Floor, Monarch Chambers
Infantry Road, Bangalore
                                                   ...Appellant
(By Sri Subhash Mallapur, Advocate)

And:

1.      Laxmi W/o Ajaneya @ Manjunath
        Age: 31 Years Occ: Household

2.      Mounesh S/o Ajaneya @ Manjunath
        Age: 13 Years Occ: Student

3.      Sangeetha D/o Ajaneya @ Manjunath
        Age: 11 Years Occ: Student

4.      Bhimaraya S/o Ajaneya @ Manjunath
        Age: 09 Years Occ: Student

        (Respondents No.2 to 4 being minors
        are U/g of their mother respondent No.1)
                                     2

5.   Ambhamma W/o Bhimanna
     Age: 54 Years Occ: Household

     All R/o: Devatkal Village
     Tq: Shorapur, Dist: Yadgir-585 202

6.   Vijay Kumar S/o Ishwarapa Angadi
     Age: 36 Years Occ: Owner of Vehicle
     Bearing No.KA-33/M-1417
     R/o: Hattigudur, Tq: Shahapur
     Dist: Yadgir-585 202

7.   Mohan Rao S/o Naran Hugar
     Age: 41 Years Occ: Owner of Vehicle
     No.KA-33/2476, R/o: Parsanalli
     Tq: Shorapur, Dist: Yadgir-585 202

8.   The Manager
     Oriental Insurance Co. Ltd.
     N.J. Complex, 2nd Floor
     Opp: Mini Vidhan Soudha
     Kalaburagi-585 101

9.   The Manager
     Bajaj Allianz Insurance Co. Ltd.
     Opp: Municipal Corporation
     Kuppicar Road, Hubli-580 023
                                                       ...Respondents

(Sri Krupa Sagar Patil, Advocate for R1 and R5;
R2 to R4 are minors R/by R1;
Sri Basavaraj R. Math, Advocate for R6
Notice to R7 is dispensed with;
R8 served;
Sri Sanjay M. Joshi, Advocate for R9)

     This MFA is filed under Section 173 (1) of the Motor
Vehicle   Act,   praying     to   allow    the   above   appeal    and
consequently set     aside    the       judgment and     award    dated
                                 3

29.06.2015 passed by Senior Civil Judge and Addl. MACT,
Shorapur in MVC.No.115/2010.


         This MFA is coming on for Orders, this day, SREENIVAS
HARISH KUMAR J., made the following:

                             ORDER

Learned counsel for the respondents, Sri Krupa

Sagar Patil submits that memo with regard to death of

respondent No.6 is filed on 22.10.2020 and since then, the

appellant has failed to make proper application to bring

legal representatives of respondent No.6 on record. In this

view, abatement of appeal against respondent No.6 is

recorded. He also submits that the entire appeal abates

for this reason.

The memo with regard to death of respondent No.6

is filed on 22.10.2020. For the reason that the application

to implead the legal representatives has not been filed

sofar, the appeal against respondent No.6 abates.

Respondent No.6 is said to be the owner of the offending

vehicle. The insurance company has disputed the

liability. In view of abatement of appeal due to death of

respondent No.6, the appeal against other respondents do

not survive. Therefore, abatement of entire appeal is

recorded.

The amount in deposit in this Court may be

transferred to the Tribunal for disbursement to the

claimants.

Sd/-

JUDGE

Sd/-

JUDGE

RSP