National Insurance Company Ltd vs Reshma Khanum
2021 Latest Caselaw 527 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF JANUARY 2021

                        BEFORE

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

               MFA No. 6152 OF 2016(MV)


BETWEEN:

National Insurance Company Ltd.,
Ganesh Building, II Floor,
Bantwal Cross, Bantwal
Dakshina Kannada District,
By its Manager,
Represented by its,
Regional Manager,
No.144, II Floor,
Shubaram Complex,
M.G.Road, Bangalore.
                                          ... Appellant

(By Smt. H.R.Ranuka, Advocate)

AND:

1.     Reshma Khanum,
       W/o Late. Abdul Khader,
       Aged about 30 years.

2.     Riyan Shiek,
       S/o Late. Abdul Khader,
       Aged about 10 years.
                           2



3.   Aliya Banu,
     D/o Late. Abdul Khader,
     Aged about 8 years.

4.   Rizwan Sheik,
     S/o Late. Abdul Khader,
     Aged about 6 years.

     Respondents 2 to 4 are minors
     Represented by their mother
     And natural guardian Respondent
     No.1.

5.   Shareef Sab,
     Since deceased
     Rep by R1 to R4 & R6.

6.   Hamsurabi,
     W/o Shareef Sab,
     Aged about 57 years.

     All R/o Nanjappanahalli Village,
     Keresanthe Post,
     Singatagere Hobli,
     Kadur Taluk-577548.

7.   Ismail P.N.,
     S/o Late. Abu Beary,
     Aged about 49 years,
     R/o No.245, Dasaragudde House
     Pane Mangaluru,
     Bantwal Taluk,
     Dakshina Kannada-574 153.

8.   Ameer Hanja,
     S/o H.B.Abubaker,
                            3



     Aged about 49 years,
     R/o Baikandi House
     B.C.Road, Talapadi,
     Jodumarga Post,
     Bantwal Taluk,
     Dakshina Kannada-574153.
                                           ... Respondents

(By Sri.Raghavendra H.S., Advocate for R1:
R2,R3,R4 are minors rep. by R1:
R6,R7 & R8 are served
V/o dated:19.04.2018 R1to R4 & R6
Are Lr's of deceased R5.)

      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated:18.04.2016
passed in MVC No.444/2014 on the file of the 1st
Additional       District Judge,     Member,     MACT,
Chikkamagaluru, awarding          a compensation of
Rs.18,03,000/- with interest @ 6% p.a. from the date
of petition till payment.

     This MFA, coming on for hearing, this day, this
Court, delivered the following:

                    JUDGMENT

Learned counsel appearing for the appellant

undertakes to file a memo seeking permission to withdraw

the appeal.

The submission is placed on record.

The appeal is dismissed as withdrawn.

The amount in deposit is ordered to be transmitted

to the Tribunal, forthwith.

Sd/-

JUDGE

Cm/-