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2025 DAILYLAW 89844 (KAR)

C SHIVARUDARAIAH v. THE MANAGER

MFA/2559/2013 · 2025-11-10

K Manmadha Rao

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46734 MFA No. 2559 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 2559 OF 2013 (MV) BETWEEN: C SHIVARUDARAIAH S/O CHANNAVERAIAH, AGED ABOUT 62 YEARS, R/AT C/O LOKESH PRASAD, NO. 614, B-5, KRISHNA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE- 560 047 (AS PETITIONER IS NOT IN CONSCIOUS, HE IS REPRESENTED BY NATURAL GUARDIAN S MANJUAL W/O C SHIVARUDRAIAH, AGED ABOUT 52 YEARS) …APPELLANT (BY SRI. SANKET M YENAGI.,ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURACNE COMPANY LIMITED, NO.109, SSI AREA, (NEXT TO DASAASHRAMA) DR RAJKUMAR ROAD, RAJAJINAGAR V BLOCK, BANGALORE- 560 010 2. SRINIVAS NO.17, 5TH CROSS, J C NAGAR, GELAYARA BALAGA, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46734 MFA No. 2559 of 2013 BANGALORE- 560 086 3. SUBHASH S/O PONGAVANAM NO. 31, 3RD "A" CROSS, 5TH MAIN ROAD, MANJUNATH NAGAR, BANGALORE- 560 086 …RESPONDENTS (BY SRI. B.A RAMAKRISHNA, ADVOCATE FOR R1; V/O DTD 14.03.2014, NOTICE TO R2 AND R3- D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.12.2012 PASSED IN MVC NO.2562/2009 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, 27TH ACMM, MACT, BANGALORE,(SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT None appears for the appellant and learned counsel for respondent No.1 is present. 2. On perusal of the order sheet, it appears that on 23.09.2022, learned counsel for the appellant reported death of the sole appellant and sought time to file necessary application to bring the legal representatives of the deceased appellant on record. Further, the matter was - 3 - HC-KAR NC: 2025:KHC:46734 MFA No. 2559 of 2013 posted on 02.01.2023, on that day also learned counsel for the appellant sought time to take necessary steps in respect of the deceased sole appellant. Then, the matter was posted on 10.04.2023, again learned counsel for the appellant sought time. 3. The matter is listed today, there is no appearance on behalf of the appellant. Till date, learned counsel for the appellant has not taken any steps to bring the legal representatives of deceased sole appellant on record. Therefore, in view of the death of the sole appellant, this appeal is dismissed as abated. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 1