Sri.Rajkumar Shankar Nashipudi vs Sri.Channavirayya Rachayya ...
2023 Latest Caselaw 5380 Kant

                                                       -1-
                                                             NC: 2023:KHC-D:8414
                                                               MFA No. 100526 of 2016




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 7TH DAY OF AUGUST, 2023

                                                    BEFORE
                               THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          MISCELLANEOUS FIRST APPEAL NO. 100526 OF 2016 (CPC)
                          BETWEEN:
                                SRI. RAJKUMAR SHANKAR NASHIPUDI
                                AGE: 33 YEARS, OCC: AGRICULTURE,
                                NOW NIL, R/O: PARSISHWAD,
                                TQ: KHANAPUR, DIST: BELAGAVI.
                                                                         ...APPELLANT
                          (BY SMT. GEETHA K M @ PAWAR, ADVOCATE)
                          AND:

                          1.    SRI. CHANNAVIRAYYA RACHAYYA HIREMATH,
                                AGE: MAJOR, OCC: BUSINESS,
                                R/O: PARSISHWAD, TQ: KHANAPUR,
                                DIST: BELAGAVI.
                          2.    THE DIVISIONAL MANAGER,
                                UNITED INDIA INSURANCE CO. LTD.,
                                D.O. AT MARUTI GALLI,
                                BELAGAVI.
            Digitally
            signed by
            VIJAYALAXMI
                                                                      ...RESPONDENTS
VIJAYALAXMI M BHAT
M BHAT      Date:
            2023.08.08
            16:29:50 -
            0700

                          (BY SRI. S.K.KAYAKAMATH, ADVOCATE FOR R2;
                          R1-NOTICE SERVED)

                                THIS MFA IS FILED UNDER ORDER 43 RULE 1 R/W 104 OF
                          CPC., AGAINST THE JUDGMENT AND AWARD DATED 25.01.2016
                          PASSED IN MISC.NO.57/2015 ON THE FILE OF THE XI-
                          ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER,
                          ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
                          DISMISSING THE PETITION FILED UNDER ORDER IX RULE -9 R/W
                          SEC.151 OF CPC.

                              THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
                          COURT DELIVERED THE FOLLOWING:
                                -2-
                                        NC: 2023:KHC-D:8414
                                         MFA No. 100526 of 2016




                          JUDGMENT

Respondent no.1 has expired. Steps are not taken to

substitute the legal representatives.

Appeal against respondent no.1 is dismissed as abated.

Since respondent no.1 is the owner of the vehicle, the appeal

against respondent no.2-insurer is not maintainable unless the

legal heirs of respondent no.1 are substituted. Accordingly, the

entire appeal is dismissed as abated.

Sd/-

JUDGE

VMB