Nanjappa vs Lokesh N
2022 Latest Caselaw 3336 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                         PRESENT

    THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

                           AND
  THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

 MISCELLANEOUS FIRST APPEAL NO.1852 OF 2021
                  (MV-I)

BETWEEN :

NANJAPPA,
S/O T DODAPPA,
AGED ABOUT 70 YEARS,
AT KANITHAHALLI VILLAGE,
KONDENAHALLI, NANDI HOBLI,
CHIKKABALLAPURA - 562 103.                    ...APPELLANT

(BY SHRI THONTADHARYA R K, ADVOCATE FOR
 SHRI AJIT P B, ADVOCATE)

AND:

LOKESH N
S/O LATE NARAYANASWAMAPPA,
AGED ABOUT 49 YEARS,
SINCE MENTALLY UNSOUND, HE IS
REPRESENTED BY HIS WIFE VIZ
SMT.NALINAKSHI
W/O LOKESH N
AGED ABOUT 38 YEARS,
BOTH ARE RESIDING AT
NO.38/39, 2ND FLOOR,
ANANTHA LAYOUT,
NEAR OXFORD ENGLISH SCHOOL,
SHANTHINAGAR, DEVANAHALLI,
BENGALURU RURAL - 562 110.                   ...RESPONDENT


       THIS M.F.A. FILED U/S 173(1) OF M.V. ACT AGAINST THE
JUDGMENT AND AWARD DATED 10.01.2020 PASSED IN M.V.C.
NO.871/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES
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JUDGE AND XXIV ACMM, MEMBER, MACT, BENGALURU, (SCCH-20)
AWARDING COMPENSATION OF RS.22,62,000/- WITH INTEREST
AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.


      THIS     MFA   COMING     ON          FOR   ORDERS     THIS    DAY,
P.S.DINESH KUMAR J, DELIVERED THE FOLLOWING:-


                           JUDGMENT

Shri Thontadharya, learned advocate for the

appellant has filed a memo of even date. It reads as

follows:

"The appellant herein respectfully submit that the appellant and the respondent have entered into compromise and settled their dispute in terms of the Joint Memo dated 30.09.2021 filed in Execution Petition No.5/2021 on the file of the Motor Accident Claims Tribunal and V Additional Judge, SCCH-20, Mayohall Unit, Bangalore. In view of the above, the above appeal does not survive for consideration.

Wherefore, the appellant herein respectfully prays that this Hon'ble Court be pleased to permit the appellant to withdraw the above appeal and direct the office to refund the amount deposited by the appellant under Section 173 of the MV Act in the above

case to serve the interest of justice and equity".

2. In view of the above, the appeal is

dismissed as withdrawn with a direction to the Registry

that the statutory deposit be refunded to the appellant.

Sd/-

JUDGE

Sd/-

JUDGE

DH