Sadashivappagouda And Anr vs Chandrashekhar And Anr
2022 Latest Caselaw 383 Kant

                            1




          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 10TH DAY OF JANUARY, 2022

                         BEFORE

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

              MFA No.202469/2018 (MV)

Between:

1.     SADASHIVAPPAGOUDA S/O DYAMANAGOUDA PATIL
       AGE: 44 YRS OCC: GRAM PANCHAYAT CLERK

2.     SMT. MAHADEVI W/O SADASHIVAPPAGOUDA PATIL
       AGE: 40 YRS OCC: HOUSEHOLD

      BOTH ARE R/O UTNAL TQ & DIST: VIJAYAPUR-586101.
                                           ...APPELLANTS
(BY SRI.SANGANAGOUDA V.BIRADAR, ADVOCATE)
AND:

1.     CHANDRASHEKHAR S/O BASAVANT GOLASANGI
       AGE: 49 YRS OCC: AGRICULTURE
       R/O UTNAL TQ & DIST: VIJAYAPUR-586101.

2.     THE BRANCH MANAGER
       NATIONAL INSURANCE COMPNAY LTD,
       S.S. CROSS ROA,D HERALAGI BUILDING,
        VIJAYAPUR-586101.
       POLICY NO. 39010231136201478409 W.E.F 24.7.2013
       TO 23.07.2017 DATE OF ACCIDENT 13.09.2013
                                            RESPONDENTS
(BY SRI. SUDARSHAN M., ADVOCATE FOR R-2 )
                           2




   THIS MFA FILED U/S. 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT PRAYING TO, ALLOW THE APPEAL
BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD
DATED-24.01.2018 PASSED BY THE II ADDL. DIST JUDGE AND
MACT   IV,   VIJAYAPUR   IN   MVC    NO.129/2014   AND
CONSEQUENTLY     BE    PLEASED    TO    ENHANCE    THE
COMPENSATION FROM RS.6,06,000/- TO 13,14,000/- WITH
INTEREST @ 12 PER ANNUM FROM THE DATE OF PETITION TILL
ACTUAL REALIZATION BY PASTING THE LIABILITY ON
RESPONDENT NO.2 INSURANCE COMPANY.


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

                     JUDGMENT

Learned counsel appearing for the appellants has

filed a memo seeking withdrawal of the appeal.

In view of the same, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

msr