Sri Masood vs Sri S C Shankaregowda
2024 Latest Caselaw 627 Kant

Karnataka High Court

Sri Masood vs Sri S C Shankaregowda on 8 January, 2024

                                                -1-
                                                                NC: 2024:KHC:2480
                                                             MFA No. 3765 of 2015




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF JANUARY, 2024

                                              BEFORE
                              THE HON'BLE MR JUSTICE C.M. POONACHA
                        MISCELLANEOUS FIRST APPEAL NO. 3765 OF 2015 (WC)
                   BETWEEN:

                   SRI. MASOOD,
                   S/O YUSUFF,
                   AGED ABOUT 25 YEARS
                   R/AT SABBENAHALLI VILLAGE,
                   PHALGUNI POST, MUDIGERE TALUK - 577 132.
                                                                      ...APPELLANT
                   (BY SRI. GIRISH B. BALADARE, ADVOCATE)

                   AND:

                   1.    SRI. S.C. SHANKAREGOWDA,
                         S/O LATE CHINNEGOWDA,
                         AGED ABOUT 45 YEARS,
                         REGISTERED OWNER OF MAXICAB,
                         NO KA-18;4644,
                         R/AT SUNKASALE VILLAGE & POST
                         MUDIGERE TALUK,
                         CHIKKAMAGALURU DISTRICT - 577 132.
Digitally signed
by BHARATHI        2.    THE BRANCH MANAGER,
S
Location: HIGH           M/S. NEW INDIA ASSURANCE CO.LTD.,
COURT OF
KARNATAKA                PANDURANGA COMPLEX,
                         KOLLAPURADAMMA TEMPLE STREET,
                         CHIKKAMAGALURU - 577 101.
                                                                   ...RESPONDENTS
                   (BY SRI. K. LAKSHMI NARASAPPA, ADVOCATE FOR
                       SRI. A. M. VENKATESH, ADVOCATE FOR R2)
                         THIS MFA IS FILED U/S 30(1)(a) OF EMPLOYEES
                   COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED
                   21.02.2015 PASSED IN E.C.A NO.173/2014 ON THE FILE OF THE 1ST
                   ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALUR TO
                   ITINERATE AT MUDIGERE,PARTLY ALLOWING THE CLAIM PETITION
                                -2-
                                              NC: 2024:KHC:2480
                                           MFA No. 3765 of 2015




FOR  COMPENSATION        AND     SEEKING     ENHANCEMENT     OF
COMPENSATION.

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

The notice issued to the Respondent No.1 has returned

with the endorsement dated 17.02.2023 as "deceased".

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

Respondent No.1 is dismissed as having abated.

3. It is forthcoming that in the impugned judgment and

award dated 21.02.2015 passed in ECA.No.173/2014, the

liability has been fastened on Respondent No.1 owner and

Respondent No.2 - insurer has been exonerated from liability.

4. In view of the aforementioned, the above appeal is

dismissed as having abated.

Sd/-

JUDGE

PNV

CT: BHK