- 1 - HC-KAR NC: 2025:KHC-D:16655-DB MFA No. 101162 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 101162 OF 2023 (MV-D) BETWEEN: SRI. POPAT S/O. DHANPAL ITEKAR AGE. 45 YEARS, OCC. BAKERY WORK, R/AT. BHAVAN SAVADATTI, TQ. RAIBAG, DIST. BELAGAVI 591126. …APPELLANT (BY SRI SANTOSH APPASAB BIRANAGI, ADVOCATE) AND: 1. SMT. MAHADEVI W/O. MARITI KAMBLE AGED ABOUT 55 YEARS, OCC. HOUSEHOLD WORK, R/A. AMBEDKAR GALLI HIDKAL, TQ. RAIBAG, DIST. BELAGAVI 591220. 2. SRI MARUTI S/O KENCHAPPA KAMBLE AGED ABOUT 61 YEARS, OCC. NIL, R/A. AMBEDKAR GALLI HIDKAL, TQ. RAIBAG, DIST. BELAGAVI 591220. 3. KUMAR. SWAPNIL S/O POPAT ITEKAR AGED ABOUT 14 YEARS, OCC. STUDENT, R/A. AMBEDKAR GALLI HIDKAL, TQ. RAIBAG, DIST. BELAGAVI 591220. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.02 15:24:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16655-DB MFA No. 101162 of 2023 MINOR R/BY NATURAL GUARDIAN GRANDMOTHER, SMT. MAHADEVI M. KAMBLE. 4. SAVITRI D/O. MARUTI KAMBLE AGED ABOUT 22 YEARS, OCC. STUDENT, R/A. AMBEDKAR GALLI HIDKAL, TQ. RAIBAG, DIST. BELAGAVI 591220. 5. KUMAR PRAMOD S/O. MARUTI KAMBLE AGE. 21 YEARS, OCC. STUDENT, R/A. AMBEDKAR GALLI HIDKAL, TQ. RAIBAG, DIST. BELAGAVI 591220. 6. KUMAR PREETI S/O. MARUTI KAMBLE AGE. 18 YEARS, OCC. STUDENT, R/A. AMBEDKAR GALLI HIDKAL, TQ. RAIBAG, DIST. BELAGAVI 591220. 7. AJIT YALLAPPA SHINDE AGE. 40 YEARS, OCC. BUSINESS, R/A. HALYAL, TQ. ATHANI, DIST. BELAGAVI. 8. UNITED INDIA INSURANCE CO. LTD., REP. BY ITS DIVISIONAL MANAGER, D O MARUTI GALLI, BELAGAVI 590001. …RESPONDENTS (BY SRI SANJAY S. KATAGERI, ADVOCATE FOR R1 TO R5; SRI S.V. YAJI, ADVOCATE FOR R8; NOTICE SERVED TO R6 AND R7) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE PRESENT APPEAL BY AWARDING THE CLAIM TO THE APPELLANT BEING THE HUSBAND BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 04.08.2022V PASSED IN MVC NO.1439/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:16655-DB MFA No. 101162 of 2023 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Both learned counsels appearing for the parties would submit that appellant died during dependency of appeal. 2. It is noted that the appeal is filed by father of the deceased making other claimants as party responders. The grievance of the appellant was with regard to apportionment, as he was not awarded any compensation in the judgment and award under appeal. 3. Since the appellant died during the pendency of the appeal, examining as to entitlement or apportion of compensation in favour of appellant would not arise. - 4 - HC-KAR NC: 2025:KHC-D:16655-DB MFA No. 101162 of 2023 4. In view of the above, appeal stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE SH Ct-cmu LIST NO.: 1 SL NO.: 9