The Manager vs Smt. Gangamma
2022 Latest Caselaw 2580 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 16TH DAY OF FEBRUARY, 2022

                          BEFORE

        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

     MISCELLANEOUS FIRST APPEAL NO.167 OF 2018 (MV-D)


BETWEEN:

        THE MANAGER
        M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.,
        MYTHRI ARCADE,
        SARASWATHIPURAM,
        MYSURU.

        NOW REPRESENTED BY ITS MANAGER,
        M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD.
        NO.121, THE ESTATE,
        9TH FLOOR, DICKENSON ROAD,
        M.G. ROAD,
        BENGALURU-560042.
                                              ... APPELLANT
        (BY SRI H.S. LINGARAJ, ADV., FOR
            SRI H. N. KESHAVA PRASHANTH)

AND:

1.      SMT. GANGAMMA
        W/O. LATE KRISHNA,
        NOW AGED ABOUT 31 YEARS.

2.      KUMARI INDRA
        D/O. LATE KRISHNA,
        NOW AGED ABOUT 10 YEARS,
        SINCE MINOR REPRESENTED BY
        HER MOTHER & NATURAL GUARDIAN,
        RESPONDENT NO.1.
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3.   JAYAMMA
     MAJOR,
     W/O. LATE LAKKAIAH.

     RESPONDENT NOS.1 TO 3 ARE RESIDING AT
     C/O. BANK MAHADEVU,
     KODIYALA VILLAGE, ARAKERE HOBLI,
     SRIRANGAPATNA TALUK,
     MYSORE DISTRICT-570028.

     ORIGINAL PLACE: MULLURU VILLAGE,
     GAVADAGERE HOBLI,
     HUNUSURU TALUK,
     MYSORE DISTRICT-570028.

4.   SRI DHARMAPAL
     S/O. PUTTASWAMY GOWDA,
     MAJOR, RESIDING AT BACHAHALLI VILLAGE,
     VELLURU POST, K.R. NAGAR TALUK,
     MYSORE DISTRICT-570028.

5.   MR. KUMAR J.C.
     MAJOR, S/O. CHANDRASHEKAR GOWDA,
     NOW AGED ABOUT 50 YEARS,
     RESIDING AT JAINHALLI VILLAGE & POST,
     AKKI HEBBAL HOBLI,
     K.R. PET TALUK,
     MANDYA DISTRICT.

                                             ... RESPONDENTS

     (BY SRI SUDHAKAR M., ADV., FOR R-1 TO 3,
         R-4 IS DEAD AND R-5 IS SERVED)

                           ***

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 25-9-2017 PASSED IN M.V.C.
NO.818 OF 2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE & MACT, SRIRANGAPATNA, AWARDING COMPENSATION
OF RS.16,25,000/- WITH INTEREST AT 9% PER ANNUM FROM THE
DATE OF FILING THE PETITION TILL THE DATE OF DEPOSIT.
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    THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

                       JUDGMENT

Sri H.S. Lingaraj, proxy counsel appearing for

Sri H.N. Keshava Prashanth, learned counsel for the

appellant, submits that the appeal may be dismissed as

withdrawn.

Submission of the learned counsel is placed on

record.

Accordingly, the appeal is dismissed as withdrawn.

Amount in deposit shall be transmitted to the

Tribunal, forthwith.

Sd/-

JUDGE

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