Mohammad Abrar vs M.A. Samanaz
2021 Latest Caselaw 5606 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF DECEMBER 2021

                        BEFORE

     THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

              MFA No.7979 OF 2019(MV)

BETWEEN:

1 . MOHAMMAD ABRAR
    S/O. M A ZIAULLA
    AGED ABOUT 24 YEARS
    DRIVER,
    R/O. C P K MAIN ROAD
    PONNAMPET
    VIRAJPET TALUK
    KODAGU DISTRICT.

2 . M A ATHAULLA
    S/O. ABDUL REHAMAN
    AGED ABOUT 52 YEARS
    OWNER OF LMV CAR
    R/O. C.P.K. MAIN ROAD
    PONNAMPET, VIRAJPET TALUK
    KODAGU DISTRICT.
                                        ...APPELLANTS

(BY SRI. ABUBACKER SHAFI, ADV.)

AND

1.     M.A. SAMANAZ
       S/O. AMIR PASHA
       AGED ABOUT 21 YEARS
                           2



     BUSINESSMAN
     R/AT NEAR KEB, GONIKOPPAL
     VIRAJPET TALUK
     KODAGU DISTRICT.

2.   UNITED INDIA INSURANCE COMPANY LTD.,
     MAHAGANAPATHY COMPLEX
     2ND FLOOR, COLLEGE ROAD
     MADIKERI.
                                      ...RESPONDENTS

(BY SRI.P.B. RAJU, ADV. FOR R2:
   NOTICE TO R1 IS D/W V/O DTD: 06.12.2021)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:29.06.2019 PASSED
IN MVC NO.205/2017 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE,KODAGU, MADIKERI,,
SITTING AT VIRAJPET, AWARDING COMPENSATION OF
RS.2,98,040/- WITH INTEREST AT 9 PER CENT P.A. FROM
THE DATE OF PETITION TILL THE DATE OF REALIZATION.

    THIS MFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

Learned counsel for the appellants has filed a

memo seeking permission to withdraw the appeal on

the ground that the matter has been settled between

the parties before the Lok-Adalath.

Memo is placed on record.

The appeal is dismissed as withdrawn.

Office is directed to refund the statutory amount

in favour of the appellants, after due verification.

In view of the disposal of the appeal,

I.A.No.1/2021 does not survive for consideration.

Hence, the same is also disposed of.

Sd/-

JUDGE

HA/-