Smt. Muniyamma vs Saleh Bin Osman Imani
2021 Latest Caselaw 3701 Kant

                           1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF NOVEMBER, 2021

                        BEFORE

        THE HON'BLE MR. JUSTICE E.S.INDIRESH
 MISCELLANEOUS FIRST APPEAL NO.8480 OF 2010

BETWEEN:

       1. SMT. MUNIYAMMA
          W/O LATE P. VENKATESHAPPA,
          AGE: 50 YEARS,
          R/O 4TH CROSS
          PALASANDRA LAYOUT-563 131.

       2. SRI P V MURALI MANOHAR
          S/O LATE P. VENKATESHAPPA,
          AGE: 38 YEARS.


       3. SRI P V MURALIKUMAR
          S/O LATE P. VENKATESHAPPA,
          AGE: 36 YEARS.

       4. SMT P V JYOTHI
          D/O LATE P. VENKATESHAPPA,
          W/O SRI N VENKAT,
          AGE: 34 YEARS.

         APPELLANTS NO. 2 TO 4 ARE
         RESIDING AT NO. 493,
         LINGANNA COMPLEX,
         NEAR DARGA, GOWRIBIDANUR,
         CHIKKABALLAPUR DISTRICT-561 208.

                                      ... APPELLANTS
(BY SRI N. VENKATESH, ADVOCATE FOR A4;
 SRI. RAJ PRABHU, ADVOCATE FOR A1 TO A3)

AND:
                     2



1. SALEH BIN OSMAN IMANI,
   S/O OSMAN BIN SALEH IMANI,
   LORRY OWNER NO.16-11-67/A/66/15,
   SALAIAH BARKAS,
   HYDERBAD CITY,
   ANDHRA PRADESH
   HOLDER OF THE LORRY BEARING
   REGISTERATION NO. AP-05-X-1559

2. THE ORIENTAL INSURANCE
   COMPANY LIMITED
   REGIONAL OFFICE,
   LEO SHOPPING COMPLEX
   NO.44/45, RESIDENCY ROAD,
   BENGALURU.

3. SMT LALITHAMMA
   W/O LATE P. VENKATESHAPPA,
   AGED: 43 YEARS.`

4. KUM BHAVANI
   D/O LATE P. VENKATESHAPPA,
   AGE: 15 YEARS.

5. MASTER GAGAN
   S/O LATE P. VENKATESHAPPA,
   AGE: 12 YEARS.

  RESPONDENTS 4 & 5 ARE MINOR
  REPRESENTED BY THEIR MOTHER
  NATURAL GUARDIAN RESPONDENT NO.3
  SMT LALITHAMMA

  RESPONDENTS 3 TO 5 ARE
  RESIDING AT
  DOOR NO.1996, 1ST CROSS 4TH MAIN,
  L.B SHASTRI NAGAR,
  H A L POST,
  BENGALURU-560 017.

                                ... RESPONDENTS
                              3


(VIDE ORDER DATED 04.12.2014 APPEAL AGAIST R1
STANDS DISMISSED;
BY SRI. B.S. UMESH, ADVOCATE FOR R2;
SRI. H. PAVANACHANDRA SHETTY, ADVOCATE FOR R3;
R4 AND R5 ARE MINORS REP. BY R3.)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988
AGAINST THE JUDGMENT & AWARD DATED 21ST APRIL,
2010 PASSED IN M.V.C NO.7251 OF 2006 ON THE FILE OF
THE IX ADDITIONAL SENIOR CIVIL JUDGE, MEMBER,
MOTOR ACCIDENT CLAIMS TRIBUNAL-7, COURT OF SMALL
CAUSES, BENGALURU PARTLY ALLOWING THE CLAIM
PETITION   FOR     COMPENSATION     AND    SEEKING
ENHANCEMENT OF COMPENSATION.

    THIS M.F.A COMING ON FOR ORDERS THIS DAY, THE
COURT, DELIVERED THE FOLLOWING:


                       JUDGMENT

Learned counsel appearing for the appellant has filed

memo dated 09.11.2021 seeking to withdrawal the appeal.

Memo is taken on record.

Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE

ARK