Smt.Shobha vs Shri.Suresh S/O Babu Terani
2022 Latest Caselaw 442 Kant

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

      DATED THIS THE 11TH DAY OF JANUARY 2022

                      PRESENT

       THE HON'BLE MR. JUSTICE S.G. PANDIT

                        AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

             M.F.A. No.103898/2016 (MV)

BETWEEN:

1.   SMT.SHOBHA
     W/O YALLAPPA @ APPAYYA KAMBLE,
     AGE: 28 YEARS,
     OCC: HOUSEWIFE,
     R/O. KALAVI KATTI,
     TQ: GAADHINGLAJ,
     DIST: KOLHAPUR

2.   KUMARI.LAXMI
     D/O YALLAPPA @ APPAYYA KAMBLE,
     AGE: 11 YEARS, OCC: STUDENT,
     R/O. KALAVI KATTI,
     TQ: GAADHINGLAJ,
     DIST: KOLHAPUR.

3.   KUMARI.SAVITA
     D/O YALLAPPA @ APPAYYA KAMBLE,
     AGE: 9 YEARS, OCC: STUDENT,
     R/O. KALAVI KATTI,
     TQ: GAADHINGLAJ,
     DIST: KOLHAPUR.

4.   KUMAR.RAMDAS
     S/O YALLAPPA @ APPAYYA KAMBLE,
     AGE: 7 YEARS, OCC: STUDENT,
                            2



      R/O. KALAVI KATTI,
      TQ: GAADHINGLAJ,
      DIST: KOLHAPUR.

      SINCE APPELLANTS NO.2 TO 4
      ARE MINORS REPRESENTED BY
      THEIR M/G MOTHER
      APPELLANT NO.1.
                                           ...APPELLANTS
(BY SRI.H.D.PATIL, ADVOCATE)

AND

1.    SHRI.SURESH S/O BABU TERANI,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: A/P: KAVALIKATI,
      TQ: GADHINGLAJ,
      DIST: KOLHAPUR.

2.    THE DIVISIONAL MANAGER,
      THE NEW INDIA ASSURANCE CO., LTD.,
      HAVING ITS DIVISIONAL OFFICE AT,
      CLUB ROAD, BELAGAVI.

3.    SHRI.KUMAR S/O SHIDGONDA PARGOUDA,
      AGE: MAJOR, OCC: BUSINESS,
      R/O: KUMBHAR GALLI,
      CHIKHALI, TQ: KAGAL,
      DIST: KOLHAPUR
                                         ...RESPONDENTS
(BY SRI.SASNJAY S KATAGERI, ADVOCATE FOR R1,
 SRI.N.R.KUPPELUR, ADVOCATE FOR R2)

     THIS APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
27.09.2016 PASSED IN MVC NO.427/2015 ON THE FILE OF THE
V-ADDITIONAL DISTRICT AND SESSIONS JUDGE, AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S.G. PANDIT J., PASSED THE FOLLOWING:
                             3



                         ORDER

Memo dated 07.01.2022 is filed by the learned

counsel for the appellants seeking leave to withdraw the

appeal, as it has become infructuous.

Memo is placed on record. The appeal is dismissed

as withdrawn.

SD/-

JUDGE

SD/-

JUDGE

sh