Sri. Channabasaiah vs Haleshappa
2023 Latest Caselaw 7477 Kant

                                              -1-
                                                          NC: 2023:KHC:38986
                                                        MFA No. 1824 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 2ND DAY OF NOVEMBER, 2023

                                            BEFORE
                         THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                   MISCELLANEOUS FIRST APPEAL NO. 1824 OF 2013 (MV)
                   BETWEEN:

                   SRI. CHANNABASAIAH,
                   S/O CHANDAIAH,
                   AGED ABOUT 49 YEARS,
                   OCC:COOLIE,
                   R/O HOSAKOLENAHALLI,
                   DAVANAGERE TQ AND DISTRICT-577 001.
                                                                ...APPELLANT
                   (BY SRI. SARITHA KULKARNI, ADVOCATE)
                   AND:

                   1.    HALESHAPPA,
                         S/O HANUMANTHAPPA,
                         AGE:43 YEARS,
                         R/OKONDADAHALLI VILAGE,
                         CHANNAGIRI TQ.,
Digitally signed         DAVANAGERE DISTRICT-577 001.
by
RENUKAMBA K        2.    V. MAHESHWARAPPA,
G
                         S/O THIPANNA, 53 YEARS,
Location: High           R/O HOSAKOLENAHALLI VILLAGE,
Court of
Karnataka                DAVANAGERE DISRICT-577 001.
                         SINCE DEAD REPRESENTED BY HIS LR'S

                           A. SRI. MANJUNARH,
                              S/O V. MAHESHWARAPPA,
                              AGED ABOUT 30 YEARS,
                              OCC: AGRI,
                           B. SRI. SANTHOSH
                              S/O V. MAHESHWARAPPA,
                                 -2-
                                               NC: 2023:KHC:38986
                                            MFA No. 1824 of 2013




             AGE: 26 YRS, OCC: AGRI,
            BOTH R/O HOSKOLENAHALLI VILLAGE,
            DAVANGERE DISTRICT.

      RESPONDENT NO.2(A & B) ARE LEGAL
      REPRESENTATIVE OF LATE
      V. MAHESHWARAPPA.

3.    THE MANAGER,
      NATIONAL INSURANCE CO.,LTD.,
      DIVISIONAL OFFICE, MELGIRI PLAZA,
      OPP:JJM MEDICAL COLLEGE,
      MCC "B" BLOCK,
      DAVANAGERE-577 001

                                                  ...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R3,
    R1 IS SERVED, V/O DATED 21.03.2018,
   APPEAL AGAINST R2(A & B) IS DISMISSED)

     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:6.11.2012 PASSED IN MVC
NO.499/2010 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE & 6TH ADDITIONAL MACT, DAVANGERE,
DISMISSING THE CLAIM PETITION FOR COMPENSATION.

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

                            JUDGMENT

It is evident from the records that the claim against

respondent No.2 is already abated.

2. Though L.R. applications were filed for bringing

the legal representatives of respondent No.2 as

respondent No.2(a) and 2(b), no steps were taken and

NC: 2023:KHC:38986 MFA No. 1824 of 2013

hence, the applications do not have any relevancy and the

claim was already dismissed vide peremptory order dated

21.03.2018. As such, when the claim against respondent

No.2 itself is abated, question of entertaining the appeal

does not arise at all. As such, the appeal stands dismissed.

Sd/-

JUDGE

SS