K R Viswanath vs The Manager
2023 Latest Caselaw 6884 Kant

                                               -1-
                                                           NC: 2023:KHC:35367
                                                       MFA No. 6271 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 29TH DAY OF SEPTEMBER, 2023

                                              BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6271 OF 2012 (MV)
                   BETWEEN:

                   K R VISWANATH
                   S/O RAJASHEKARAPPA
                   AGED ABOUT 49 YEAR
                   RESIDENT OF KACHIGATTA VILLAGE
                   BANAVARA HOBLI, ARSIKERE TALUK
                   HASSAN DISTRICT-573 103.
                                                                 ...APPELLANT
                   (BY SRI. CHETHAN B.,ADVOCATE)

                   AND:

                   1.    THE MANAGER
                         THE ORIENTAL INSURANCE CO. LTD.
                         SUBHASH SQUARE
Digitally signed         HASSAN-573 201.
by
DHANALAKSHMI
MURTHY
Location: High
                   2.    SMT. LAKSHMAMMA @ THANGAMMA
Court of                 W/O LATE MARIGOWDA
Karnataka                AGED ABOUT 77 YEARS.

                   3.    SUNIL
                         S/O LATE M DEVARAJ
                         AGED ABOUT 15 YEARS
                         SINCE MINOR REP. BY
                         SMT. LAKSHMAMMA
                         @ THANGAMMA R2.

                   4.    SMT. LALITHA
                         W/O LATE M DEVARAJ
                             -2-
                                         NC: 2023:KHC:35367
                                      MFA No. 6271 of 2012




     AGED ABOUT 37 YEARS

5.   SHRUTHI
     D/O LATE M DEVARAJ
     AGED ABOUT 21 YEARS
     R2 TO R5 ARE RESIDENT OF
     DODDAKODIHALLI VILLAGE
     HALEBEEDU HOBLI, BELUR TALUK
     HASSAN DISTRICT-573 121.
                                            ...RESPONDENTS
(BY SRI. K N SRINIVAS., ADVOCATE FOR R1:
    SRI. GIRISH B BALADARE, ADVOCATE FOR R2 TO R5)
     MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:24.3.2012 PASSED IN MVC
NO.119/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC., AND MACT, ARASIKERE, AWARDING A COMPENSATION
OF RS.5,70,000/- WITH INTEREST @ 6% P.A. FROM THE DATE
OF PETITION TILL REALIZATION.

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

Learned counsel for the appellant submits that the

sole appellant died long back and he has no instructions

from legal representatives of deceased appellant to bring

them on record.

The submission of learned counsel for the appellant

is taken on record.

Till today, no application has been filed to bring the

legal representatives of the deceased appellant on record.

NC: 2023:KHC:35367 MFA No. 6271 of 2012

Since the sole appellant is dead, the appeal has become

abated. Hence, the above appeal is dismissed as abated.

Sd/-

JUDGE

HA