The Manager vs Annu Naik
2023 Latest Caselaw 7743 Kant

                                            -1-
                                                     MFA No. 2616 of 2016
                                                          NC: 2023:KHC:40837




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 16TH DAY OF NOVEMBER, 2023

                                         BEFORE
                     THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
               MISCELLANEOUS FIRST APPEAL NO. 2616 OF 2016 (MV-D)
               BETWEEN:

               THE MANAGER,
               NATIONAL INSURANCE CO. LTD.,
               74/A, PARAMATHI ROAD NAMAKKAL,
               NAMAKKAL DISTRICT, TAMILNADU STATE,
               THROUGH ITS BENGALURU REGIONAL OFFICE,
               NO. 144, SHUBHARAM COMPLEX,
               M.G. ROAD, BANGALORE - 560 001,
               REPRESENTED BY ITS ASSISTANT MANAGER.
                                                                ...APPELLANT
               (BY SRI. S. V. HEGDE MULKHAND, ADVOCATE)

               AND:

               1.    ANNU NAIK,
                     S/O. PUTTU NAIK,
Digitally            AGE ABOUT 69 YEARS,
signed by            R/O. ADKA HITLU HOUSE,
SOWMYA D             PERNE VILLAGE, BANTWAL TALUK, D.K,
Location:            NOW RESIDING AT KRISHNAGURI,
High Court           KODIMBADY VILLAGE,
of Karnataka
                     PUTTUR TALUK, D.K - 574 201.

               2.    N. LAKSHMI,
                     W/O P. NALLUSWAMY,
                     R/O. RCC, 206-261, S.G. MUTT ROAD,
                     CHAMRAJPET, BANGALORE - 560 018.
                                                             ...RESPONDENTS
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                                         MFA No. 2616 of 2016
                                           NC: 2023:KHC:40837




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.01.2016 PASSED IN MVC
NO.1129/2013 ON THE FILE OF        THE 5TH ADDITIONAL
DISTRICT & SESSIONS JUDGE, D.K., MANGALURU, SITTING AT
PUTTUR, D.K., AWARDING COMPENSATION OF RS.11,97,000/-
WITH INTEREST AT 7% P.A. FROM THE DATE OF PETITION TILL
THE DATE OF DEPOSIT.

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

The records discloses that respondent No.1 has died

prior to 2018 itself. However, respondent No.1 himself

was claimant before the Tribunal. However, in spite of

granting sufficient opportunities, the legal heirs of

deceased respondent No.1/claimant are not brought on

record though more than five years have lapsed.

2. In view of the same, the appeal as against

respondent No.1/claimant stands abated.

3. In view of abatement of the appeal against

claimant, question of continuing the appeal as against

respondent No.2-owner does not arise at all.

MFA No. 2616 of 2016 NC: 2023:KHC:40837

Hence, the appeal stands dismissed.

Sd/-

JUDGE

URN

CT: BHK