Isharath Fatima And Ors vs Bhagesh And Anr
2022 Latest Caselaw 1699 Kant

Citation : 2022 Latest Caselaw 1699 Kant
Judgement Date : 3 February, 2022

Karnataka High Court

Isharath Fatima And Ors vs Bhagesh And Anr on 3 February, 2022

Bench: J.M.Khazi

                            1




          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

      DATED THIS THE 03RD DAY OF FEBRUARY, 2022

                         BEFORE

         THE HON'BLE MRS. JUSTICE J.M.KHAZI

                  MFA.No.201528/2021

BETWEEN:

01.     ISHARATH FATIMA W/O ABDUL RAHIM
        AGE: 46 YEARS OCC: HOUSEHOLD

02.     MOHD. MERAZ MATEEN S/O ABDUL RAHIM
        AGE: 23 YEARS OCC: STUDENT

03.     RUMESA BATOOL D/O ABDUL RAHIM
        AGE: 21 YEARS OCC: STUDENT

04.     QURRAT UL AIN D/O ABDUL RAHIM
        AGE: 20 YEARS OCC: STUDENT

05.     GOUSIYA BEGUM D/O ABDUL RAHIM
        AGE: 67 YEARS OCC: NIL

06.     ABDUL SALEEM S/O ABDUL QUYAM
        AGE: 75 YEARS OCC: NIL

        ALL ARE R/O: H.NO.3-6-9, ASAR MOHALLA
        YADGIR, TQ: & DIST: YADGIR.
                                         ... APPELLANTS

      (BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE)

AND:
                             2




01.   BHOGESH S/O RUDRAPPA
      AGE: 42 YEARS OCC: OWNER OF INDICA CAR
      BEARING REG.NO.KA-32-B-8023
      R/O: H.NO.2-1-12 YADGIR
      TQ & DIST: YADGIR-585 202.

02.   THE MANAGER/LEGAL OFFICER
      SHRIRAN GENERAL INSURANCE COM. LTD.,
      NO.3/5, 3RD FLOOR, S. V. ARACHADE
      BILEKAHALLI MAIN ROAD,
      BANNERUGHATTA ROAD, IIM POST,
      BANGALORE-76,
                                      ... RESPONDENTS

      THIS MISCELLANEOUS FIRST         APPEAL   IS   FILED
UNDER SECTION 173 (1) OF THE M.V. ACT, 1988 PRAYING
TO ALLOW THE APPEAL AND THE JUDGMENT DATED
14.06.2021   IN    MVC.NO.211/2019     PASSED   BY    THE
LEARNED SENIOR CIVIL JUDGE AND MACT-II, YADGIR
MAY   KINDLY      BE   MODIFIED   BY   ENHANCING      THE
COMPENSATION.


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


                       JUDGMENT

The learned counsel for the appellants has filed a

memo for withdrawal of the appeal with liberty to file

a fresh appeal.

02. The said memo is placed on record.

03. The appeal is dismissed as withdrawn

reserving liberty to the appellants to file a fresh

appeal.

04. The registry is directed to return the

certified copy of the judgment and award to the

appellants.

Sd/-

JUDGE