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2025 DAILYLAW 41708 (KAR)

H K RAVI v. KEMPEGOWDA

MFA/6615/2016 · 2025-09-02

P Sree Sudha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34286 MFA No. 6615 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6615 OF 2016 (MV-I) BETWEEN: H.K. RAVI AGED ABOUT YEARS, S/O KEMPEGOWDA R/O HONNENAHALLI VILLAGE BINDIGANAVILE HOBLI, DODDABALA POST, NAGAMANGALA TALUK MANDYA DISTRICT - 571 401. (RC OWNER OF AUTO BEARING REG NO KA-54/1169) …APPELLANT (APPELLANT - DEAD) AND: 1. KEMPEGOWDA AGED ABOUT 52 YEARS S/O LATE HANUMEGOWDA RESIDING AT NO 28/1, II MAIN ROAD, DWARAKANAGAR CHANDRA LAYOUT, BENGALURU - 560 072 OLD ADDRESS: NO. 59, HONNENAHALLI VILLAGE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34286 MFA No. 6615 of 2016 BINDIGANAVILE HOBLI, DODDABALA POST, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 401. 2. VENKATAPPA MAJOR S/O DODDEGOWDA RESIDING AT NO. 45 2ND MAIN CROSS, MUNIKARIYAPPA COMPOUND AGRAHARA DASARAHALLI BENGALURU - 79 (RC OWNER OF MOTOR CYCLE BEARING NO KA-02 EP 3216 AS PER RC BOOK) 3. K.R. SHANKAR MAJOR S/O RAMEGOWDA R/O KALLIGUNDI VILLAGE BOMANAYAKAHALLI POST HONAKERE HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 571 401 (MOTOR CYCLE BEARING REG NO KA-02-EP-3216 PURCHASER AT THE TIME OF ACCIDENT) …RESPONDENTS (NOTICE TO R1 - HELD SUFFICIENT VIDE ORDER DATED 07.03.2022; R-2 AND R-3 SERVED & UNREPRESENTED) *** - 3 - HC-KAR NC: 2025:KHC:34286 MFA No. 6615 of 2016 THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 27/02/2016 PASSED IN MVC NO.852/2013 ON THE FILE OF XIII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU (SCCH-15) AWARDING COMPENSATION OF RS.4,85,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE REALIZATION. THIS MFA, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The injured claimant had filed M.V.C.No.852/2013, claiming compensation for the bodily injuries sustained by him. The Tribunal granted a sum of `4,85,000/- with 8% interest per annum. Aggrieved by the said order, the injured claimant filed the present appeal. 2. During the pendency of the appeal, when notice was ordered, it was returned with an endorsement that "he was no more". - 4 - HC-KAR NC: 2025:KHC:34286 MFA No. 6615 of 2016 3. Since the injured claimant/appellant is stated to be no more, the appeal does not survive for consideration. Accordingly, it is dismissed as abated. Sd/- (P SREE SUDHA) JUDGE BMV* List No.: 1 Sl No.: 25 CT: BHK