H P Shettar vs Mohammed Irfan Pasha
2023 Latest Caselaw 8368 Kant

Karnataka High Court

H P Shettar vs Mohammed Irfan Pasha on 24 November, 2023

                                           -1-
                                                       NC: 2023:KHC:43054
                                                    MFA No. 1146 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                MISCELLANEOUS FIRST APPEAL NO.1146 OF 2019(MV-I)

                BETWEEN:

                1.    H.P.SHETTAR,
                      (HUCHCHURAYAPPA P. SHETTAR),
                      S/O PARAMESHWARAPPA,
                      AGE:77 YEARS,
                      ADVOCATE,
                      R/O 'PAVANA SUTHA'
                      2ND CROSS,
                      HOSAMANE EXTN.,
                      SHIVAMOGGA CITY-577 201,
                      TALUK AND DISTRICT SHIVAMOGGA.

                                                             ...APPELLANT
                (BY SRI. MANJULADEVI R. KAMADALLI.,ADVOCATE)
Digitally
signed by JAI
JYOTHI J
                AND:
Location:
HIGH
COURT OF        1.    MOHAMMED IRFAN PASHA,
KARNATAKA
                      S/O LATE MOHAMMED ANWAR,
                      AGE:32 YEARS,
                      AGRICULTURIST,
                      R/O O.T.ROAD,
                      SHIVAMOGGA CITY-577 201,
                      TALUK AND DISTRICT SHIVAMOGGA.

                      (OWNER OF CAR BEARING REG.NO.KA.25.M.4891)
                             -2-
                                       NC: 2023:KHC:43054
                                     MFA No. 1146 of 2019




2.   NADEEM PASHA,
     S/O MOHAMMED IBRAHIM,
     AGE:42 YEARS,
     OCC:WORKER IN FOOTWEAR SHOP
     AND ALSO CAR DRIVER,
     R/O MAIN ROAD,
     MILLAGHATTA,
     SHIVAMOGGA CITY-577 201,
     TALUK AND DISTRICT SHIVAMOGGA.

3.   HDFC GENERAL INSURANCE CO.LTD.,
     SHIVAMOGGA,
     (POLICY NO.610600/31/14/6200012268
     VALID FROM 02.10.2014 TO 01.10.2015).

                                             ...RESPONDENTS
(R1 AND R3 UNSERVED;
R2 SERVED BUT UNREPRESENTED)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:13.11.2018 PASSED IN MVC
NO.902/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR
CIVIL    JUDGE,   CJM,    AMACT-7,    ADDITIONAL   MACT,
SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION       AND     SEEKING    ENHANCEMENT     OF
COMPENSATION.

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


                       JUDGMENT

A memo is filed on behalf of the appellant stating

that the claimant is no more.

NC: 2023:KHC:43054

2. Accordingly, the appeal is dismissed.

SD/-

JUDGE

RMS

CT : SNN