Gollalappa S/O Ningappa Kavalagi vs The Divisional Controller
2022 Latest Caselaw 9255 Kant

                         1

         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH
       DATED THIS THE 21ST DAY OF JUNE 2022
                     PRESENT
 THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
                      AND
       THE HON'BLE MR.JUSTICE S. RACHAIAH
             MFA.No.200903/2015 (MV)
BETWEEN:
GOLLALAPPA S/O NINGAPPA KAVALAGI
AGE: 57 YEARS, OCC: AGRICULTURE
R/O DEVAR NAVADAGI, TQ. SINDAGI
NOW RESIDING AT SRI SHANKAR SHAHAPETI
NEAR SHIVANAND PATIL PETROL PUMP
JAMAKHANDI ROAD, BIJAPUR-586 102
                                       ...APPELLANT
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
DIVISIONAL OFFICE
KOLAR-583101
KGF, DIST.KGF                       ...RESPONDENT
(BY SRI. DEEPAK V. BARAD, ADVOCATE)
      THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLE ACT, 1988 PRAYING TO CALL FOR THE
RECORDS, MODIFY THE JUDGMENT AND AWARD DATED
14.08.2014 PASSED IN MVC.NO.88/2013 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.V, BIJAPUR AT BIJAPUR
AND    ALLOW    THIS   APPEAL  BY  ENHANCING     THE
COMPENSATION AMOUNT BY RS.38,67,000/- AS CLAIMED
BY THE APPELLANT BEFORE THIS HON'BLE COURT AND
ETC.

    THIS MFA IS COMING ON FOR ORDERS, THIS DAY,
SREENIVAS HARISH KUMAR J., MADE THE FOLLOWING:
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                              ORDER

The appellant died on 07.09.2017 i.e., during

pendency of this appeal. The appellant filed this appeal

seeking enhancement of the compensation. Now,

applications are filed by the legal representatives of the

deceased - appellant to come on record. I.A.No.1/2022 is

filed for condoning delay in filing application for setting

aside abatement. I.A.No.2/2022 is filed for setting aside

abatement. I.A.No.3/2022 is filed under Order 22 Rule 3

of the Code of Civil Procedure for coming on record. Since,

this is a case of injury, cause of action does not survive in

favour of the legal representatives. In view of this, all these

three applications are not maintainable, they are

dismissed. Abatement of the appeal is recorded.

02. It is submitted by Sri. Bapugouda Siddappa,

learned counsel for the appellant that some amount has

been deposited in the name of the deceased - appellant.

Since, abatement of the appeal is recorded, the legal

representatives of the appellant are permitted to withdraw

the amount available in bank account by executing an

Indemnity Bond.

03. Learned counsel for legal representatives of

appellant seeks permission to amend the cause title of

appeal memo or otherwise they cannot withdraw the

money available in deposit. His submission cannot be

accepted. Cause title of the appeal memo can be amended

only if the legal representatives are permitted to come on

record to prosecute the appeal. However, they can

withdraw the deposit being the legal representatives, if it

is available, without cause title being amended.

Sd/-

JUDGE

Sd/-

JUDGE

KJJ