Erappa S vs Thimmappa
2021 Latest Caselaw 6409 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF DECEMBER, 2021

                      BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

  MISCELLANEOUS FIRST APPEAL NO.5795/2017 (MV)

 BETWEEN:

 ERAPPA S. S/O. SANNAGAPPA,
 AGED ABOUT 35 YEARS, OWNER OF
 MOTOR CYCLE NO.KA-16/Y-4759,
 R/O: MADADAKERE VILLAGE,
 HOSADURGA TQ.
 CHITRADURGA DIST-577 527
                                  ... APPELLANT
 (BY SRI SPOORTHY HEGDE N., ADVOCATE)

 AND

 1.     THIMMAPPA S/O. THIMMAPPA,
        AGED ABOUT 28 YEARS,
        R/O: LAKKIHALLI VILLAGE,
        HOSADURGA TQ.,
        CHITRADURGA DISTRICT-577 527

 2.   M/S. NATIONAL INSURANCE CO. LTD.,
      BY IT DIVISIONAL MANAGER,
      OPP. BAPUJI DENTAL COLLEGE,
      DAVANAGERE-577 001
                                 ... RESPONDENTS
 (BY SRI RAVISH BENNI, ADVOCATE FOR R2;
 R1-NOTICE SERVED)
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      THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.05.2017 PASSED
IN MVC NO. 45/2014 ON THE FILE OF THE SENIOR
CIVIL   JUDGE    AND   JMFC,   HOSADURGA     AT
HOSADURGA,      AWARDING    COMPENSATION     OF
Rs.4,44,800/- WITH INTEREST AT THE RATE OF 6%
P.A., FROM THE DATE OF PETITON TILL DEPOSIT.

     THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel for the appellant has filed a

memo seeking withdrawal of the appeal.

2. The memo is taken on record.

3. Appeal is dismissed as withdrawn.

4. The amount in deposit shall be reimbursed

to the appellant.

Sd/-

JUDGE Sbs*