Dhanraj S/O Pittunaik Rathod vs Sharangouda And Ors
2022 Latest Caselaw 7471 Kant

                               1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

        DATED THIS THE 25TH DAY OF MAY 2022

                          PRESENT

THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                             AND

        THE HON'BLE MR.JUSTICE S. RACHAIAH

MISCELLANEOUS FIRST APPEAL No.201134/2021 (MV)

Between:

Dhanraj S/o Pittunaik Rathod
Age: 28 Years, Occ: Agriculture
R/o: Naganatagi, Shahapur Taluk
Yadgir District-585 223
                                                ...Appellant

(By Sri Salomon Alfred, Advocate)

And:

1.     Sharangouda S/o Mallannagouda Huddar
       Age: 46 Years, Occupation: Agriculture
       R/o: Aldal Shorapur Taluk,
       Yadgiri District

2.     Harichandra S/o Tipanna Chavan
       Age: 25 Years, Occupation: Driver
       R/o: Chandapur Village
       Tq: Shorapur, Dist: Yadgiri

3.     Divisional/ Branch Manager
       M/s Cholamandal General Insurance
       Company Limited, 1st Floor,
       Kalaburagi Squire, Desai Cross
                               2

      Deshpande Nagar,
      Hubballi-580 029
                                              ...Respondents

      This MFA is filed under Section 173 (1) of the M.V. Act,
1989, praying to award a sum of Rs.15,00,000/- (Rupees fifteen
Lakhs only) as claimed in the claim petition and grant such
other reasonable compensation that is entitled by the appellant
by modifying the judgment and award dated 09.02.2021 passed
by the Senior Civil Judge & MACT-4, Shahapur in
M.V.C.No.107/2016.


     This MFA coming on for orders this day, Sreenivas
Harish Kumar J., delivered the following:

                         JUDGMENT

According to the submission made by the appellant's

counsel, relatives of the appellant brought to his notice

that the appellant had passed away.

In this view, the appeal abates. Abatement is

recorded.

Sd/-

JUDGE

Sd/-

JUDGE

swk