Karnataka High Court
The Divisional Manager vs Pashamiyan S/O Chandsab Deshmukh And ... on 14 March, 2023
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MFA No. 200597 of 2014
C/W MFA No. 200596 of 2014
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCL. FIRST APPEAL NO. 200597 OF 2014 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200596 OF 2014
MFA NO.200597/2014
BETWEEN:
1. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE
COMPANY LTD JAWALI COMPLEX
SUPER MARKET ROAD, GULBARGA
...APPELLANT
(BY SRI SANJAY M. JOSHI, ADVOCATE)
AND:
Digitally signed
by RAMESH
MATHAPATI
Location: High
Court of
Karnataka 1. NABISAB S/O CHUMMUMIYAN
AGE: 51 YEARS, OCC: NIL
R/O AUSA TQ. AUSA DIST. LATUR
NOW AT NANDGAON
TQ.HUMANABAD
2. LATIFABEE W/O SYED NABISAB
AGE: 48 YEARS, OCC: HOUSEHOLD
R/O AUSA TQ. AUSA DIST. LATUR
NOW AT NANDGAON
TQ.HUMANABAD
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MFA No. 200597 of 2014
C/W MFA No. 200596 of 2014
3. SYED ATIQ S/O SYED NABISAB
AGE: 16 YEARS, OCC: NIL
R/O AUSA TQ. AUSA DIST. LATUR
NOW AT NANDGAON
TQ.HUMANABAD
4. SUNIL S/O MALLIKARJUN JADHAV
AGE: 44 YEARS, OCC:DRIVER-CUM-OWNER
R/O KAPOOR TQ. &DIST. GULBARGA
NOW AT JANATA COLONY
HUMANABAD
...RESPONDENTS
(BY SRI B. C. JAKA ADVOCATE FOR R1 TO R3;
V/O DATED 14.03.2023 APPEAL ABATED AGAINST R4)
THIS MFA IS FILED U/S. 173(1) OF MV ACT PRAYING TO
ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED THE
JUDGMENT AND AWARD DATED- 05.10.2013 IN MVC NO.
203/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND MACT
AT HUMNABAD, AWARDING COMPENSATION OF RS.6,68,000/-.
MFA NO.200596/2014
BETWEEN:
1. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE
COMPANY LTD., JAWALI COMPLEX
SUPER MARKET ROAD
GULBARGA
...APPELLANT
(BY SRI SANJAY M. JOSHI, ADVOCATE)
AND:
1. PASHAMIYAN S/O CHANDSAB DESHMUKH
AGE: 50 YEARS, OCC: NIL,
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MFA No. 200597 of 2014
C/W MFA No. 200596 of 2014
R/O ANDORA, TQ.AUSA, DIST. LATUR
NOW AT NANDGAON
TQ. HUMANABAD-585402
2. MUQEEBA BEGUM W/O PASHAMIYAN DESHMUKH
AGE: 44 YEARS OCC: HOUSEHOLD
R/O ANDORA, TQ.AUSA, DIST. LATUR
NOW AT NANDGAON
TQ. HUMANABAD-585402
3. ABDUL RAHEMAN S/O PASHAMIYAN DESHMUKH
AGE: 26 YEARS, OCC: STUDENT
R/O ANDORA, TQ.AUSA, DIST. LATUR
NOW AT NANDGAON
TQ. HUMANABAD-585402
4. IDRISH S/O PASHAMIYAN DESHMUKH
AGE: 22 YEARS, OCC: STUDENT
R/O ANDORA, TQ.AUSA, DIST. LATUR
NOW AT NANDGAON
TQ. HUMANABAD-585402
5. SUNIL S/O MALLIKARJUN JADHAV
AGED ABOUT 44 YEARS OCC: DRIVER-CUM-OWNER
R/O KAPOOR, TQ & DIST. GULBARGA
NOW AT JANATA COLONY
HUMANABAD-585402.
...RESPONDENTS
(BY SRI B. C. JAKA ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED U/S. 173(1) OF MV ACT PRAYING TO
ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED THE
JUDGMENT AND AWARD DATED- 05.10.2013 IN MVC NO.
200/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND MACT
AT HUMNABAD, AWARDING COMPENSATION OF RS.6,68,000/-.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 200597 of 2014
C/W MFA No. 200596 of 2014
JUDGMENT
A perusal of records shows that respondent No.4 expired in the year 2019. Till this day, steps is not taken. The case against respondent No.4 in MFA No.200597/2014 is abated. Since the case against respondent No.4-Owner of vehicle is abated.
Hence, the entire appeal is abated.
Sd/-
JUDGE BH LIST NO.: 1 SL NO.: 17