Narayanappa S/O Choudappa ... vs Sri. Mallappa S/O Irappa Madar
2023 Latest Caselaw 4200 Kant

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                                             NC: 2023:KHC-D:6914
                                               MFA No. 20101 of 2011




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 10TH DAY OF JULY, 2023

                                    BEFORE

                      THE HON'BLE MRS. JUSTICE M.G.UMA

            MISCELLANEOUS FIRST APPEAL NO.20101/2011 (MV-I)

            BETWEEN:

            NARAYANAPPA S/O. CHOUDAPPA CHITTAGINJAL,
            AGE: 60 YEARS, OCCU: ESTATE AGENT,
            R/O: NEKAR NAGAR, OLD HUBLI, HUBLI SINCE DECEASED
            BY HIS LRS.

            1A. SMT. PARVATAWWA,
                W/O. NARAYANAPPA CHITTAGINJAL,
                AGE: 61 YEARS, OCCU: HOUSEHOLD,
                R/O: B. GUDIHAL, TALUK: KALAGATAGI.
                                                        ...APPELLANT
            (BY SRI R. K. HATTI, ADVOCATE)

            AND:

            1.   SRI MALLAPPA S/O. IRAPPA MADAR,
Digitally        AGE: MAJOR, OCCU: OWNER OF TATA ACE
signed by
VINAYAKA         VEHICLE NO.KA-25/3410,
BV               RESIDENT OF AT POST P. B. GUDIHAL,
                 TALUK: KALAGHATAGI, DIST: DHARWAD.

            2.  THE NEW INDIA ASSURANCE COMPANY LIMITED,
                SRINATH COMPLEX, I FLOOR, NEW COTTON
                MARKET, HUBLI - 580 020, DIST: DHARWAD.
                BY ITS GENERAL MANAGER,
                (POL NO.670700/31/06/01/0009456, VALID
                FROM 7.2.2007 TO 6.2.2008)
                                                     ...RESPONDENTS
            (BY SRI S.S. KOLIWAD, ADVOCATE FOR R1;
            NOTICE TO R1 IS SERVED)
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                                         NC: 2023:KHC-D:6914
                                            MFA No. 20101 of 2011




     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR
ACCIDENT CLAIM TRIBUNAL, HUBLI IN MVC NO.344/2007
DATED 25.08.2010 BY ALLOWING THIS APPEAL AND ETC.

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

                              JUDGMENT

Court notice issued to appellant No.1(a) is returned

unserved with postal shara as "addressee not found".

2. It is noticed that as per the order sheet dated

14.02.2023, learned counsel for the appellant/claimant is no

more.

3. Learned counsel for respondent No.2 submits that the

claimant has claimed compensation for the injuries sustained

by him and now he is already dead. Therefore, cause of action

does not survive in favour of appellant No.1(a). Inspite of

issuance of court notice, appellant No.1(a) is not found.

Hence, appeal is dismissed as abated.

SD/-

JUDGE PN