The Manager, Oriental Insurance ... vs Sangappa S/O Satappa Vajrwad And Anr
2024 Latest Caselaw 370 Kant

Karnataka High Court

The Manager, Oriental Insurance ... vs Sangappa S/O Satappa Vajrwad And Anr on 4 January, 2024

                                             -1-
                                                   NC: 2024:KHC-K:118
                                                   MFA No. 201300 of 2017
                                               C/W MFA No. 201274 of 2017



                            IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                        DATED THIS THE 4TH DAY OF JANUARY, 2024

                                          BEFORE

                    THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI

                          MISCL. FIRST APPEAL NO.201300/2017(MV-I)

                                            C/W.

                          MISCL. FIRST APPEAL NO.201274/2017 (MV-I)


                   IN MFA NO. 201300/2017:

                   BETWEEN:

                   SRI SANGAPPA S/O SATAPPA VAJRAWAD
                   AGED ABOUT: 57 YEARS,
                   OCC: AGRICULTURE NOW NIL,
                   R/O. KANMUCHANAL,
Digitally signed
by                 TQ. & DIST. VIJAYPUR.
KHAJAAMEEN L                                                 ...APPELLANT
MALAGHAN
Location: High
                   (BY SRI S.S. MAMADAPUR, ADVOCATE)
Court of
Karnataka
                   AND:


                   1.   SRI SHRISHAIL
                        S/O SHARANAPPA HIKKANAGUTTI,
                        AGE ABOUT 32 YEARS, OCC: BUSINESS,
                        R/O SHANKAR LINGAD ROAD,
                        VIJAYPUR-586 101.
                         -2-
                              NC: 2024:KHC-K:118
                              MFA No. 201300 of 2017
                          C/W MFA No. 201274 of 2017



2.  THE MANAGER,
    ORIENTAL INSURANCE CO. LTD.,
    S.S. FRONT ROAD, BIDARI BUILDING,
    VIJAYPUR-586101.
                                     ...RESPONDENTS
(BY SRI UDAY P. HONGUNTIKAR, ADV., FOR R2;
 R1-V/O DATED 29/1/2018 NOTICE DISPENSED WITH)


     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO ENHANCE THE COMPENSATION
AMOUNT BY SUITABLY MODIFYING THE JUDGMENT DATED
30.03.2017 PASSED BY THE IV ADDL. DISTRICT JUDGE
AND MACT-XIII, VIJAYPUR IN MVC NO.1340/2015, IN THE
INTEREST OF JUSTICE AND EQUITY.


IN MFA NO. 201274/2017:

BETWEEN:

THE MANAGER,
ORIENTAL INSURANCE CO. LTD.,
S.S. FRONT ROAD, BIDARI BUILDING,
VIJAYPUR-586101.
NOW REPRESENTED BY ITS
DY. MANAGER, RO,
HUBLI.
                                         ...APPELLANT
(BY SRI UDAY P. HONGUNTIKAR, ADVOCATE)

AND:


1.   SRI SANGAPPA S/O SATAPPA VAJRAWAD
     AGE: 57 YEARS,
     OCC: AGRICULTURE NOW NIL,
     R/O. KANMUCHANAL,
     TQ. & DIST. VIJAYPUR-586 125.
                             -3-
                                      NC: 2024:KHC-K:118
                                      MFA No. 201300 of 2017
                                  C/W MFA No. 201274 of 2017




2.   SHRISHAIL S/O SHARANAPPA HIKKANAGUTTI,
     AGE: ABOUT 32 YEARS, OCC: BUSINESS,
     R/O. SHANKAR LINGAD ROAD,
     VIJAYPUR-586 101.

                                              ...RESPONDENTS
(BY SRI S.S. MAMADAPUR, ADV., FOR R1;
`R2 SERVED)


    THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO CALL FOR THE RECORDS IN MVC
NO.1340/2015 ON THE FILE OF MEMBER, MACT-XIII AND
IV ADDL. DISTRICT JUDGE, VIJAYPUR, AND SET ASIDE
AND MODIFY THE JUDGMENT DATED 30.03.2017 AND
AWARD DATED 10.04.2017 BY ALLOWING THIS APPEAL
WITH COSTS.

     THESE APPEALS COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

It is submitted that the appellant in MFA

No.201300/2017 died in the year 2019.

2. The appeal is filed for enhancement of the

compensation in a case of injury. Since, the appellant-

claimant died in the year 2019, appeal is dismissed as

abated.

NC: 2024:KHC-K:118

3. In view of dismissal of appeal in MFA

No.201300/2017 as abated, the appeal of the respondents

in MFA No.201274/2017 is also dismissed.

Sd/-

Judge

SBS