Nagaraj vs Iffco Tokio Gen Insurance Co Ltd
2022 Latest Caselaw 893 Kant

                         1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF JANUARY, 2022

                      BEFORE

          THE HON'BLE MR. JUSTICE M.I.ARUN

              MFA. NO.6851/2018 (MV)

BETWEEN:

NAGARAJ
S/O GURUSWAMY
AGE 70 YEARS
OWNER OF THE BOLERO MAXI TRUCK
REG NO KA- 37-TR-3431
R/O SRI ANJANEYA TEMPLE STREET,
RUPANAGUDI (V & P)
BELLARI 583 102.                       ... APPELLANT

(BY SMT. K. VANI, ADVOCATE)

AND:

1.     IFFCOTOKIO GEN INSURANCE CO., LTD
       # 102, 1ST FLOOR, R K COMPLEX,
       K C ROAD, BELLARI - 583 101

2.     SHAIK SHAVALI B
       S/O BASHA SAB
       AGED ABOUT 47 YEARS
       DRIVER OF THE BOLERO MAXI TRUCK
       REG NO KA- 37-TR-3431
       R/O MINCHERI, POST MINCHERI
       TALUK & DIST BELLARY-583 103.

3.     LAXMAMMA
       W/O LATE UMESH @ UMESHAPPA
       AGED ABOUT 37 YEARS
       COOLIE WORKER
                        2


4.   MANJUNATHA
     S/O LATE UMESH @ UMESHAPPA
     AGED ABOUT 20 YEARS

5.   VASANTH
     S/O LATE UMESH @ UMESHAPPA
     AGED ABOUT 18 YEARS

6.   PARASHURAM
     S/O LATE UMESH @ UMESHAPPA
     AGED ABOUT 14 YEARS

RESPONDENT NO.6 IS MINOR
REP BY HIS NATURAL MOTHER WHO IS THE NEXT
FRIEND OF MINOR

THE RESPONDENT NOS.3 TO 6 ARE
R/O NANDITAVARE VILLAGE
HARIHAR TALUK - 577601
DAVANAGERE DISTRICT

7.   PADMA
     S/O LATE UMESH @ UMESHAPPA
     AGED ABOUT 39 YEARS
     HOUSE HOLD WORKER

8.   BASAVARAJ
     S/O LATE UMESH @ UMESHAPPA
     AGED ABOUT 22 YEARS
     COOLIE WORKER

RESPONDENT NOS.7 AND 8 ARE
R/O KURUBARAKERI HARAPANAHALLI TOWN & TALUK
DAVANAGERE DISTRICT 583 131.
                                ... RESPONDENTS
(BY SRI.N.K. SIDDESWARA, ADVOCATE
    FOR R3 TO 5 AND 8
    R-1 SERVED AND UNREPRESENTED
    R-6 MINOR)

    THIS MFA IS FILED MFA FILED U/S 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
                           3


07.10.2016 PASSED IN MVC NO.388/2014 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MEMBER,
ADDITIONAL     MACT,      HARIHAR,     AWARDING
COMPENSATION OF RS.8,77,000/- WITH INTEREST @
6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.


     THIS MFA COMING ON FOR ORDERS, THROUGH
VIDEO CONFERENCING THIS DAY THE COURT
DELIVERED THE FOLLOWING:

                     JUDGMENT

Learned counsel for the appellant has filed a

memo dated 24.12.2021 seeking leave of this Court

to withdraw the appeal as the matter is settled out of

the Court.

Memo is placed on record.

Accordingly, the appeal is dismissed as not

pressed.

Amount, if any, deposited by appellant is

permitted to be withdrawn by the appellant.

Sd/-

JUDGE AG