The Divisional Manager, National ... vs Umakant And Anr
2022 Latest Caselaw 5733 Kant

                          1


         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 30TH DAY OF MARCH, 2022
                       BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

              MFA No.200277/2018 (MV)
                        C/W
                MFA No.202337/2017
In MFA No.200277/2018
BETWEEN:

UMAKANT S/O
BASAVANNAPPA CHITKOTI,
AGE: 41 YEARS,
OCC: AGRICULTURE,
R/O KUMSI VILLAGE,
TQ. & DIST. KALABURAGI.
                                        ... APPELLANT
(BY SRI SHARANABASSAPPA K. BABSHETTY, ADV.)
AND:
1.     ANAND S/O IRANNA @
       VEERANNA SHETAGAR,
       AGE: 41 YEARS,
       OCC: OWNER OF TATA INDICA CAR,
       R/O NEAR HANUMAN TEMPLE,
       SHIVAJI NAGAR, BASAVAKALYAN,
       DIST. BIDAR-585 401.
2.     THE DIVISIONAL MANAGER,
       NATIONAL INSURANCE CO., LTD.,
       BILGUNDI COMPLEX,
       OPP: MINI VIDHANA SOUDHA,
       STATION ROAD,
       KALABURAGI-585 101.
                              ... RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R2)
                           2


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MV ACT PRAYING THAT
THIS HON'BLE COURT TO ALLOW THIS APPEAL AND MODIFY
THE JUDGMENT AND AWARD DATED 09.08.2017, PASSED BY
THE I ADDL. SENIOR CIVIL JUDGE AND M.A.C.T. AT
KALABURAGI IN MVC NO.311/2015 AND ENHANCE THE
COMPENSATION AMOUNT AS CLAIMED BY THE APPELLANT,
IN THE INTEREST OF JUSTICE AND EQUITY.

In MFA No.202337/2017
BETWEEN:

THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO., LTD.,
BILAGUNDI COMPLEX,
OPP: MINI VIDHANA SOUDHA,
STATION ROAD, KALABURAGI.
NOW THROUGH ITS AUTHORISED
SIGNATORY.
                                    ... APPELLANT
(BY SRI SHARANABASSAPPA K. BABSHETTY, ADV.)
AND:
1.     UMAKANT S/O
       BASAVANNAPPA CHITKOTI,
       AGE: 40 YEARS,
       OCC: AGRICULTURE,
       R/O KUMSI VILLAGE,
       TQ. & DIST. KALABURAGI.

2.   ANAND S/O IRANNA @
     VEERANNA SHETAGAR,
     AGE: 40 YEARS,
     OCC: OWNER OF TATA INDICA CAR
     BEARING NO. 22/M, 7062,
     R/O NEAR HANUMAN TEMPLE,
     SHIVAJI NAGAR, BASAVAKALYAN,
     DIST. BIDAR-585 437.
                                  ... RESPONDENTS
(BY SRI SHARANABASSAPPA K. BABSHETTY, ADV.
  FOR R1)
                              3




     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MV ACT PRAYING THAT
THIS HON'BLE COURT TO MODIFY THE ORDER OF THE
TRIBUNAL AND CALL FOR THE LOWER COURT RECORDS
AND HEAR THE PARTIES AND SET ASIDE THE JUDGMENT
DATED 09.08.2017 AND AWARD DATED 16.08.2017 IN
MVC NO.311/2015 IN THE COURT OF THE I ADDL. SENIOR
CIVIL JUDGE AND M.A.C.T. AT KALABURAGI, IN THE
INTEREST OF JUSTICE AND EQUITY.

     THESE APPEALS COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-


                       JUDGMENT

Notice was issued to respondent No.1 in

MFA.No.200277/2018 and respondent No.2 in

MFA.No.202337/2017. The postal cover returned with

shara dated 24.09.2018 as 'Party expired'. Inpsite of

it, the appellant in MFA.No.200277/2019 has not

taken any steps. Hence, the appeal against

respondent No.1 is abated. However the liability is

fixed on respondent No.1, when the appeal is abated

as against respondent No.1, the appeal does not

survive for consideration as against other respondent

i.e., respondent No2 in MFA.No.202337/2017.

The appeals are dismissed as abated.

Sd/-

JUDGE ssb