IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 9^TH DAY OF JUNE 2021

PRESENT

THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT

AND

THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR

MFA NO.100058/2019 (MV)

BETWEEN:

SHRIKANT DATTATRAYA PATIL

AGED ABUT 52 YEARS, OCC:SERVICE,

NOW BEING INSANE,

REP. BY HIS WIFE NEXT FRIEND

SMT. JAYASHREE W/O. SHRIKANT PATIL,

AGED ABOUT 42 YEARS, OCC: HOUSEHOLD,

R/AT C/O. RAJU CHAVAN, INDIRA COLONY,

NEAR Z P OFFICE, BELAGAVI-590001

...APPELLANT.

(BY SHRI MRUTYUNJAY TATA BANGI, ADVOCATE.)

AND:

1.

KUNDAN KRISHNA GAONKAR

AGED ABOUT 45 YEARS, OCC: BUSINESS,

R/AT GAVANDI WADA, KARAPUR,

SAQUELIM, GOA-403108

2.

PRADEEP RAMAKANT KHANOLKAR

AGED ABOUT 40 YEARS, OCC: BUSINESS,

R/AT H.NO.60, KHANOLKAR WADA,

LATAMBAREEM, BICHOLIM NORTH

GOA-403108

2

3.

THE BAJAJ ALLIANZ GENERAL

INSURANCE CO LTD,

DIVISIONAL OFFICE, MADIWALE ARCADE,

CLUB ROAD, BELAGAVI-590001

REP. BY ITS DIVISIONAL MANAGER

…RESPONDENTS.

(BY SHRI M.K.SOUDAGAR, ADVOCATE, FOR R.3;

R.1 AND R.2 – NOTICE DISPENSED WITH.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO

MODIFY

THE

JUDGMENT

AND

AWARD

DATED13.12.2017,

PASSED IN MVC NO.952/2016, ON THE FILE OF THE XI ADDL.

DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, BELAGAVI,

BY ALLOWING THIS APPEAL ENHANCING THE COMPENSATION,

ETC.,.

THIS

APPEAL

COMING

ON

FOR

HEARING

ON

INTERLOCUTORY APPLICATIONS THIS DAY, SHRI KRISHNA

S. DIXIT, J, PASSED THE FOLLOWING:

ORDER

The matter having been argued for some time, both

the sides are in agreement with the view of this Court

that

the

claimant’s

appeal

does

not

survive

for

consideration because of the doctrine of Actio Personalis

Moritur Cum Persona as held in the Full Bench decision of

this Court in Kannamma vs. Deputy General Manager,

3

ILR 1990 KAR 4300 and accordingly the appeal filed by

the claimant is disposed off, costs having been made

easy.

Sd/-

JUDGE

Sd/-

JUDGE

Mrk/-