Narayanaswamy M vs K.B.Ramachandra
2024 Latest Caselaw 6646 Kant

Karnataka High Court

Narayanaswamy M vs K.B.Ramachandra on 6 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                -1-
                                                         NC: 2024:KHC:9456
                                                      MFA No. 4442 of 2014




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF MARCH, 2024

                                           BEFORE
                         THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                 MISCELLANEOUS FIRST APPEAL NO. 4442 OF 2014 (MV)
                BETWEEN:

                NARAYANASWAMY.M
                S/O MUNIYAPPA,
                AGED ABOUT 46 YEARS,
                DIMBACHAMANAHALLI VILLAGE,
                KOLAR TALUK-563 101.
                                                              ...APPELLANT
                (BY SRI. VISHWANATHA.K., ADVOCATE)

                AND:

                1.     K.B.RAMACHANDRA
                       S/O K.BYCHEGOWDA,
                       MAJOR,
                       R/O KOLAGANJINAHALLI,
                       SUGATUR POST,
                       KOLAR TALUK - 563 101.
Digitally signed by
THEJASKUMAR N 2.       UNITED INDIA INSURANCE COMPANY LIMITED,
Location: HIGH         REPRESENTED BY ITS DIVISIONAL MANAGER,
COURT OF
KARNATAKA              BAGALUR MANSION,
                       1ST FLOOR, DODDAPET,
                       KOLAR - 563 101.
                                                          ...RESPONDENTS
                                                                             ,

                (R1-DISMISSED AGAINST APPEAL V/O DATED: 22.11.2017;
                  BY SRI. P.B.RAJU., ADVOCATE FOR R2)

                        THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
                AGAINST THE JUDGMENT AND AWARD DATED: 24.03.2014
                                  -2-
                                                    NC: 2024:KHC:9456
                                              MFA No. 4442 of 2014




PASSED IN MVC NO.204/2009 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, MACT, KOLAR.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                              ORDER

Sri.Vishwanatha.K., learned counsel for the appellant and

Sri.P.B.Raju., learned counsel for respondent No.2 have

appeared in person.

The captioned appeal is filed challenging the judgment

dated:24.03.2014 passed by the MACT and I Addl. Senior Civil

Judge, Kolar in M.V.C.No.204/2009.

This Court vide order dated:22.11.2017 had issued notice

to respondent No.1 and taking note of the postal shara that

respondent No.1 is dead and steps are not taken to bring the

legal representatives of deceased respondent No.1 within the

stipulated time, the appeal against respondent No.1 was

dismissed.

Sri.P.B.Raju., learned counsel for respondent No.2

submits that the Tribunal has dismissed the claim petition. In

view of dismissal of appeal as against respondent No.1, the

NC: 2024:KHC:9456

liability cannot be indemnified by the Insurance Company.

Counsel therefore, submits that the appeal may be dismissed.

Taking note of the submission made by learned counsel

for respondent No.2 and in view of dismissal of the appeal as

against respondent No.1, the appeal is liable to be dismissed.

Resultantly, the Miscellaneous First Appeal is dismissed.

Sd/-

JUDGE MRP