Yakub @ Yakoob vs Anil Kumar And Anr
2024 Latest Caselaw 15059 Kant

Karnataka High Court

Yakub @ Yakoob vs Anil Kumar And Anr on 28 June, 2024

                                               -1-
                                                     NC: 2024:KHC-K:4398
                                                      MFA No. 202231 of 2017




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                           DATED THIS THE 28TH DAY OF JUNE, 2024

                                            BEFORE
                          THE HON'BLE MR. JUSTICE UMESH M ADIGA

                        MISC. FIRST APPEAL NO. 202231 OF 2017 (MV-I)
                   BETWEEN:

                   YAKUB @ YAQOOB S/O LALAPPA KUDTENOR,
                   AGE: 62 YEARS, OCC: LABOUR,
                   R/O NAUBAD, TQ. & DIST: BIDAR-585401.
                                                                 ...APPELLANT
                   (BY SRI. BASAVARAJ R. MATH, ADVOCATE)
                   AND:

                   1.    ANILKUMAR S/O LAXAMANRAO,
                         R/O H.NO.117. KAPLAPUR-A VILLAGE,
                         TQ. & DIST. BIDAR-585402.

                   2.    THE MANAGER
Digitally signed
                         SHRIRAM GENERAL INSURANCE COMPANY LTD.,
by KHAJAAMEEN            E-8, EPIP, SITAPURA INDUSTRIAL AREA,
L MALAGHAN
                         JAIPUR, RAJASTAN-302022.
Location: HIGH
COURT OF                                                     ...RESPONDENTS
KARNATAKA
                   (BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R2;
                    VIDE ORDER DATED 18.03.2021, NOTICE TO R1 IS
                    DISPENSED WITH)
                        THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
                   ACT, PRAYING TO CALL FOR RECORDS AND MODIFY THE
                   IMPUGNED JUDGMENT AND AWARD DATED 01.08.2017
                   PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND
                   ADDITIONAL MACT, AT BIDAR IN MVC.NO.503/2015.

                        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
                   DAY, THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                     NC: 2024:KHC-K:4398
                                      MFA No. 202231 of 2017




                          JUDGMENT

The learned counsel for the appellant submits that

the appellant is no more and he would file memo during

course of the day. This appeal is filed for enhancement of

the compensation amount, awarded for the injury

sustained by the claimant.

02. The learned counsel for the respondent No.2 is

present.

03. In view of death of the sole appellant, the

appeal is abated.

04. The registry is directed to send back the Trial

Court records.

Sd/-

JUDGE

KJJ

CT:PK