Karnataka High Court

CIVIL APPEAL 948 of 2005 on 5 October 2004

IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD.

DATED THIS THE 15[th] DAY OF MARCH 2010

BEFORE

THE HON’BLE MR.JUSTICE N.K.PATIL

M.F.A. No. 948/2005 (MV) C/w M.F.A. CR. OB. No. 202/2005 (MV)

In M.F.A. No. 948/2005

Between: *GurulingappaSri Shankargouda Guruling Gouda Patil, Aged about 57 years, Occ: Service, Headquarter Assistant to Dy. Commissioner, Bellary.

(By Sri Jagadish Patil and K. Anand, Advocates)

- Appellant

And:

Sri Ramling Santaram Sutar, Aged about 47 years, Occ: Carpenter, r/o Kinaya, Taluk and District Belgaum.

(by Sri M.B. Naragund, Advocate)

- Respondent

* Corrected, vide Court order dated 22.07.2019.

Sd/-

(PGMPJ)

The instant appeal is filed U/s 173(1) of M.V. Act against the judgment and award dated 05.10.2004 passed in M.V.C. No. 345/1997 on the file of the Prl. District Judge and Member, MACT-I, Belgaum, awarding compensation of Rs. 70,000/- with interest at 6% p.a. and directing the appellant herein to deposit the same.

In M.F.A. CR. OB. No. 202/05 (MV)

Between:

Sri Ramling Santaram Sutar, Aged about 47 years, Occ: Carpenter, r/o Kinaya, Taluk and District Belgaum.

Page 1 of 2

(by Sri M.B. Naragund, Advocate)

-

Cross Objector

and

Sri Shankargouda Guruling Gouda Patil, Aged about 51 years, Occ: Service, Headquarter Assistant to Dy. Commissioner, Bellary.

- Respondent

This appeal is filed u/O 42 Rule 22 of CPC against the judgment and award dated 05.10.2004 passed in M.V.C. No. 345/1997 on the file of the Member, MACT-I, Prl. District Judge, Belgaum, partly allowing the claim petition for compensation and seeking enhancement of compensation.

These appeals coming on for orders this day, the Court delivered the following:

JUDGMENT

1. Learned counsel appearing for appellant submitted that respondent died and no steps are taken within the time stipulated.

2. Submission of the learned counsel appearing for appellant is placed on record. Appeal filed by the appellant and the cross objections filed by the cross objector stands dismissed as abated. Ordered accordingly.

Sd/-

JUDGE

bvv

PGMPJ:22.07.2019

ORDER

MFA NO.948/2005

Heard on I.A.No.1/2019. This application is filed for correction of the name of father of the appellant as Gurulingappa Patil, in place of Gurulingouda Patil.

This appeal has been disposed off on 15.03.2010.

The appellant is permitted to carry out necessary amendment in the cause title of the memorandum of appeal as sought for.

The Registry is directed to carry out necessary correction in the cause title of the judgment.

KGK

Sd/- JUDGE

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