Lakka Nagraj S/O Subhash Lakka vs Chandrakala W/O Rajappa Metre And ...
2023 Latest Caselaw 6137 Kant

                                              -1-
                                                      NC: 2023:KHC-K:6882
                                                       MFA No. 200729 of 2017




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 30TH DAY OF AUGUST, 2023

                                            BEFORE
                          THE HON'BLE MR. JUSTICE RAVI V HOSMANI


                        MISCL. FIRST APPEAL NO.200729 OF 2017 (MV)

                   BETWEEN:

                        LAKKA NAGRAJ
                        S/O SUBHASH LAKKA,
                        AGE: 29 YEARS, OCC: BUSINESS,
                        R/O H.NO.16-1-7 KALISH NAGAR,
                        BIDAR-585 501.

                                                                  ...APPELLANT

                   (BY SRI. NAGARAJ PATIL, ADVOCATE)

                   AND:

                   1.   CHANDRAKALA
                        W/O RAJAPPA METRE,
Digitally signed        AGE: 37 YEARS, OCC: COOLIE,
by
LUCYGRACE               R/O VILLAGE GUNNALLI,
Location: HIGH
COURT OF
                        TQ. & DIST. BIDAR-585 501.
KARNATAKA
                   2.   THE MANAGER,
                        THE NEW INDIA ASSURANCE COMPANY LTD.,
                        REGD. HEAD OFFICE, BUILDING 87, MG ROAD,
                        FORT MUMBAI, HAVING ITS BRANCH OFFICE
                        RAILWAY STATION ROAD, BIDAR,
                        DIST. BIDAR-585 501.

                                                              ...RESPONDENTS

                   (SRI. AMARESHWAR S. RAWOOR AND
                    SRI. GANESH NAIK, ADVOCATES FOR R1;
                    SRI. SANJAY M. JOSHI, ADVOCATE FOR R2)
                                   -2-
                                        NC: 2023:KHC-K:6882
                                          MFA No. 200729 of 2017




     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST
APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 04.02.2017 PASSED BY MACT AND PRL.
SENIOR CIVIL JUDGE AND CJM, BIDAR IN MVC NO.509/2014
AND DISMISS THE CLAIM PETITION AGAINST THE APPELLANT
OR MODIFY THE SAME AND HOLD INSURANCE COMPANY
LIABLE TO PAY THE COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                               JUDGMENT

Learned counsel for appellant submits that sole

appellant died on 02.05.2021.

Since steps are not taken in time, appeal is

dismissed as abated.

Sd/-

JUDGE

LG