The Depot Manager vs Smt. Saraswati W/O Tukaram Nooli
2023 Latest Caselaw 3332 Kant

                                                  -1-
                                                            MFA No. 100162 of 2019
                                                        C/W MFA No. 103187 of 2017




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                            DATED THIS THE 15TH DAY OF JUNE, 2023
                                               PRESENT
                              THE HON'BLE MR JUSTICE S G PANDIT
                                                 AND
                         THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                    MISCELLANEOUS FIRST APPEAL NO. 100162 OF 2019 (MV-I)
                                                 C/W
                    MISCELLANEOUS FIRST APPEAL NO. 103187 OF 2017 (MV-I)

                   IN MFA.NO. 100162/2019
                   BETWEEN:
                   SMT. SARASWATI W/O. TUKARAM NOOLI,
                   AGE: 61 YEARS, OCC: COOLIE (NOW NIL),
                   R/O: SIDDARTH NAGAR, ATHANI, TAL: ATHANI,
                   DIST: BELAGAVI. PIN CODE-591304.
                                                                       ...APPELLANT
                   (BY SRI. SANJAY S. KATAGERI, ADVOCATE)
                   AND:
                   1.    THE DEPOT MANAGER,
                         NWKRTC, ATHANI DEPOT, ATHANI,
Digitally signed
by JAGADISH T R          DIST: BELAGAVI. PIN CODE-591304.
Location:
DHARWAD
Date: 2023.06.16
12:50:45 -0700     2.    THE DIVISIONAL MANAGER,
                         NWKRTC, CHIKKODI DIVISION,
                         CHIKKODI, DIST:BELAGVI-591201.
                                                                   ...RESPONDENTS
                   (BY SRI. S.C. BHUTI, ADV. FOR R1 AND R2)

                          THIS MFA IS FILED U/S. 173(1) OF MOTOR VEHICLES
                   ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
                   27.04.2017 PASSED IN MVC NO. 413/2016 ON THE FILE OF
                   THE    PRINCIPAL   SENIOR    CIVIL    JUDGE   AND   ADDITIONAL
                   MOTOR     ACCIDENT    CLAIMS     TRIBUNAL,     ATHANI   PARTLY
                            -2-
                                     MFA No. 100162 of 2019
                                 C/W MFA No. 103187 of 2017




ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.


IN MFA.NO. 103187/2017
BETWEEN:
1.   THE DEPOT MANAGER,
     NWKRTC, ATHANI DEPOT, ATHANI,
     DIST: BELAGAVI.

2.   THE DIVISIONAL MANAGER,
     NWKRTC, CHIKKODI DIVISION,
     CHIKKODI, DIST: BELAGVI.
     BOTH APPELLANTS ARE
     REPRESENTED BY CHIEF LAW OFFICER.
                                                ...APPELLANTS
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
SMT. SARASWATI W/O. TUKARAM NOOLI,
AGE: 60 YEARS OCC: COOLI (NOW NIL),
R/O: SIDDARTH NAGAR, ATHANI-591 304,
TAL: ATHANI, DIST: BELAGAVI.
                                             ...RESPONDENT
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

       THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
27.04.2017 PASSED IN MVC NO.413/2016 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT     CLAIMS   TRIBUNAL,       ATHANI,     AWARDING
COMPENSATION OF Rs.8,64,400/- WITH INTEREST AT 6% P.A.
FROM THE DATE OF PETITION TILL ITS REALISATION.


       THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
S.G. PANDIT J., PASSED THE FOLLOWING:
                                  -3-
                                           MFA No. 100162 of 2019
                                       C/W MFA No. 103187 of 2017




                              ORDER

The order sheet dated 16.01.2023 discloses with

regard to granting of time to take steps in respect of

deceased appellant/injured. Till date, no steps have been

taken to bring the legal representatives of the deceased

appellant/injured. Therefore, both appeals stand abated.

Sd/-

JUDGE

Sd/-

JUDGE

JTR