Smt Indramma vs Sri Sudhakantha
2022 Latest Caselaw 3358 Kant

                              1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 25TH DAY OF FEBRUARY, 2022
                          BEFORE
             THE HON'BLE MS.JUSTICE J.M.KHAZI

                M.F.A.NO.8262/2019 (MV)
BETWEEN:

1.     SMT. INDRAMMA,
       AGED ABOUT 39 YEARS,
       W/O LATE KUBERA GOWDA
       @ KUBERAPPA,

2.     SMT. K.K.MANJULA,
       AGED ABOUT 20 YEARS,
       D/O LATE KUBERA GOWDA
       @ KUBERAPPA,

3.     SRI. K.K.SANJU,
       AGED ABOUT 19 YEARS,
       S/O LATE KUBERA GOWDA
       @ KUBERAPPA,

       ALL ARE RESIDING AT
       ODERAHALLI VILLAGE,
       LAKYA HOBLI,
       CHIKKAMAGALUR TALUK.
                                            ... APPELLANTS
(BY SRI C.R.RAVISHANKAR, ADVOCATE)

AND:

1.     SRI SUDHAKANTHA,
       AGED ABOUT 44 YEARS,
       S/O SRI M.S.HELAWAR,
       DRIVER OF TRACTOR
       NO.KA:18:T:9810
       R/A HELAWAR COLONY,
       YEMME DODDI POST,
       KADUR TALUK.
                                2



2.   SMT. BASAMMA,
     AGED ABOUT 72 YEARS,
     W/O SRI M.S.HELAWAR,
     OWNER OF TRACTOR
     NO.KA:18:T:9810
     R/A LAKSHMISHA NAGAR,
     KADUR TOWN.
                                                  ...RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS IN MVC
NO.79/2015 FROM THE COURT OF PRINCIPAL SENIOR CIVIL
JUDGE & CJM AND ADDL. MACT, CHIKKAMAGALUR, DT:
5/5/2016 PERUSE THE SAME AND ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT & AWARD OF THE TRIBUNAL AND
ENHANCE THE COMPENSATION AMOUNT AND PASS SUCH
OTHER ORDER AS MAY BE DEEMED FIT IN THE CIRCUMSTANCES
OF THE CASE TOGETHER WITH COSTS THROUGHOUT, IN THE
INTEREST OF JUSTICE AND EQUITY.
    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

Learned counsel for appellant has filed memo seeking

withdrawal of appeal, on the ground that the matter is

settled out of the Court.

In view of the same, appeal is dismissed as

withdrawn.

In view of dismissal of appeal, I.A.No.1/2019 does not

survive for consideration and hence, I.A.No.1/2019 is also

dismissed.

Sd/-

JUDGE

RR