The Managing Director vs Shankar B S
2022 Latest Caselaw 6039 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 04TH DAY OF APRIL, 2022

                       BEFORE
           THE HON'BLE MS.JUSTICE J.M.KHAZI

            M.F.A.NO.4526 OF 2017 (MV-D)
BETWEEN:
THE MANAGING DIRECTOR,
SRIRAM GENERAL INSURANCE
COMPANY LIMITED,
S-5, 3RD FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD,
BANGALORE-560 001.

NOW AT
SHRIRAM GENERAL INSURANCE CO. LTD.,
5/4, 3RD CROSS, S.V. ARCADE,
BELAKANAHALLI MAIN ROAD,
OPP:BANNERAGHATTA MAIN ROAD,
II M. B. POST,
BANGALORE-560 076.
BY IT'S MANAGER.
                                        ...APPELLANT

(BY SRI. O. MAHESH, ADVOCATE) (VC)

AND:

1.    SHANKAR B. S.
      S/O LATE BALAPPA @
      BALAPPA SORAB,
      AGED ABOUT 59 YEARS,

2.    DHAKSHAYANI S. @ MADHU S.,
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     W/O SHANKAR B. S.
     AGED ABOUT 49 YEARS,

     BOTH ARE RESIDING AT
     NO.192, 5TH CROSS,
     SOMASUNDARAPALYA,
     HSR LAYOUT 2ND SECTOR,
     BANGALORE-560 102.

3.   SRINIVASA G.
     MAJOR, S/O APPAIAH,
     NO.135, KONDASHETTIHALLI,
     MALLUR, KOLAR DISTRICT,
     KARNATAKA-563 101.

4.   NAGARAJU N.
     S/O NANJNDAPPA M.
     MAJOR,
     R/AT NO.34, ULLERAHALLI,
     TEKAL, MALUR TALUK,
     KOLAR DISTRICT-563 101.
                                     ...RESPONDENTS

     (BY SRI. C.V. SUDHINDRA, ADVOCATE FOR R1 & R2
        R3- SERVED & UNREPRESENTED
        R4-ACK NYR)

    THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.03.2017 PASSED IN
MVC NO.4276/2015 ON THE FILE OF THE XXIII ADDL.
SMALL   CAUSES    JUDGE,    BANGALORE,    AWARDING
COMPENSATION OF RS. 14,21,000/- ALONG WITH
INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF
PETITION TILL THE DATE OF DEPOSIT OF THE AWARD
AMOUNT.

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

Learned counsel for the appellant has filed memo

dated 21.02.2019, seeking permission to withdraw the

appeal and also to transfer the amount in deposit to the

tribunal.

2. Learned counsel for the appellant submits that

even though this memo was filed as long back as

21.02.2019, it has not been posted for all these years.

The appellant is unnecessarily required to pay interest.

In view of the memo, the appellant is permitted to

withdraw the appeal and accordingly, appeal is disposed of

as withdrawn. It is ordered that from 21.02.2019, the

appellant is not liable to pay interest.

Office is directed to transmit the amount in deposit

to the tribunal.

Sd/-

JUDGE

JY