Smt Nazeera vs Javeed Pasha
2024 Latest Caselaw 3407 Kant

Karnataka High Court

Smt Nazeera vs Javeed Pasha on 5 February, 2024

                                        -1-
                                                     NC: 2024:KHC:4883
                                                  MFA No. 2831 of 2014




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 5TH DAY OF FEBRUARY, 2024
                                      BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 2831 OF 2014 (MV-I)
             BETWEEN:

                  SMT. NAZEERA,
                  AGED ABOUT 39 YEARS,
                  W/O BASHEER AHMMED,
                  REPRESENTED BY NEXT FRIEND AND
                  HUSBAND BASHEER AHMMMED
                  S/O SABJAN SAB,
                  AGED ABOUT 44 YEARS,
                  R/AT 9TH CROSS, RIGHT SIDE,
                  RAGIGUDDA, SHIMOGA CITY,
                  SHIMOGA TALUK, SHIMOGA DISTRICT - 577 201.
                                                           ...APPELLANT
             (BY MS. PAVITHRA N, ADVOCATE FOR
                 SRI. NAGARAJAPPA A, ADVOCATE)

Digitally    AND:
signed by
BHARATHI S
Location:    1.   JAVEED PASHA,
HIGH              S/O SABJAN SAB,
COURT OF
KARNATAKA         AGED ABOUT 40 YEARS,
                  R/AT 2ND STAGE, RML NAGAR,
                  6TH CROSS, SHIMOGA CITY,
                  SHIMOGA TALUK, SHIMOGA DISTRICT - 577 201.

             2.   THE NATIONAL INSURANCE COMPANY LTD.,
                  B.H. ROAD, HARSHA COMPLEX,
                  SHIMOGA CITY, SHIMOGA TALUK,
                  SHIMOGA DISTRICT - 577201,
                  REPRESENTED BY ITS DIVISIONAL MANAGER.
                               -2-
                                            NC: 2024:KHC:4883
                                        MFA No. 2831 of 2014




                                              ...RESPONDENTS
(BY SRI. K.N. SRINIVASA, ADVOCATE FOR R2;
    R1 SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.09.2013 PASSED IN MVC
NO.153/2012 ON THE FILE OF II ADDL. DISTRICT JUDGE, ADDL.
MACT-II, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION
FOR   COMPENSATION    AND    SEEKING   ENHANCEMENT    OF
COMPENSATION.
     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The above appeal is field Appellant challenging the

judgment and award dated 23.09.2013 passed by II Additional

District Judge and Additional MACT-II, Shivamogga.

2. The Tribunal by its judgment and awarded dated

23.09.2013 awarded a compensation of `2,67,000/- and

directed the owner of the vehicle to pay compensation

awarded, in respect of the injuries caused to the Appellant-

claimant in the road traffic accident which occurred on

17.12.2011.

4. On 24.01.2024 learned counsel for the Appellant

submitted that the Appellant is deceased.

NC: 2024:KHC:4883

5. In view of the same, and the present appeal arising

out of a claim made for injuries, the question of the above

appeal surviving to be prosecuted by the legal representatives

of the Appellant does not arise.

6. In view of the same, the above appeal is dismissed.

Sd/-

JUDGE

PNV

CT: BHK