LAWS(KAR)-2010-4-59

M N BAHADUR Vs. BASAVARAJ

Decided On April 13, 2010
M. N. BAHADUR Appellant
V/S
BASAVARAJ Respondents

JUDGEMENT

(1.) AN Appeal by a dead person is no appeal in the eye of law. This is an appeal by a dead person by name M.N. Bahadur who was the claimant in MVC No. 11/2003 on the file of Civil Judge (Sr.Dn.) and Member, MACT-VI, Kudligi. The claim petition was filed due to the death of his son M. B. Raja Hegde in a motor vehicle accident, on the premise that he had lost the support from his son.

(2.) THE claim petition though was contested, resulted in award dated 16.06.2003 awarding compensation of Rs.94,500/- as against a sum of Rs.5,00,000/- claimed by the claimant.

(3.) IT is three years after the death of M.N. Bahadur/appellant, the Appeal was filed and if the description in the cause title is accepted, it is a case of misrepresentation that the appellant is still alive.