Shashikumar vs Smt. Sharada
2022 Latest Caselaw 10142 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 01ST DAY OF JULY, 2022

                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            M.F.A.NO.5977 OF 2016 (MV-D)

BETWEEN:

SHASHIKUMAR,
S/O VENKATAIAH,
AGED ABOUT 36 YEARS,
RIDER OF THE YAMAHA MOTOR
CYCLE NO.KA-03-EB-9261,
R/O PETE KURUBALLI, KASABA HOBLI,
RAMANAGARA TALUK
AND DISTRICT-571511.                       ...APPELLANT

(BY SRI SPOORTHY HEGDE N, ADV.)

AND:

  1. SMT. SHARADA,
     W/O LATE SHEKAR,
     AGED ABOUT 23 YEARS,

  2. MANOJ KUMAR,
     S/O LATE SHEKAR,
     AGED ABOUT 8 YEARS,

  3. BASAVAIAH,
     S/O LATE DODDANINGAIAH,
     AGED ABOUT 71 YEARS,

  4. GOWRAMMA,
     W/O BASAVAIAH,
     AGED ABOUT 66 YEARS,

       THE RESPONDENT NO.2 IS
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     MINOR REPRESENTED BY HER
     MOTHER AND NATURAL GUARDIAN

     THE RESPONDENT NO.1 HEREIN ABOVE
     ALL ARE R/O NAGARAKALLUDADI,
     KOTTAGAL HOBLI, RAMANAGARA TALUK
     AND DISTRICT-571511.

  5. S.M.UBEDULLA,
     S/O SHAIK MOHIDDIN,
     AGED ABOUT 41 YEARS,
     OWNER OF YAMAHA MOTOR CYCLE
     NO.KA-03-EB-9261,
     R/O TRT HOUSE, ANAND COMPLEX,
     DEVARAJEEVANHALLI,
     BANGALORE-560056.

  6. RAJANNA,
     S/O RANGASWAMAIAH,
     AGED ABOUT 38 YEARS,
     OWNER OF TVX XL NO.KA-05-EX-2328,
     R/O NO.140, PRASANNA LAYOUT,
     1ST MAIN ROAD, MUNESHWARANAGAR,
     HEGGANAHALLI,
     BANGALORE-560079.

  7. SHIVALINGAIAH,
     S/O MANCHAIAH,
     AGED ABOUT 46 YEARS,
     RIDER OF TVS XL NO.KA-05-EX-2328,
     R/O NAGARAKALLUDODDI,
     KOTAGAL HOBLI,
     RAMANGARA TALUK AND
     DISTRICT-571511.                    ...RESPONDENTS

(BY SRI K SHANTHARAJU, ADV. FOR R1-R4,
 R2 MINOR REPRESENTED BY R1,
 R5 AND R7 - SERVED)
                          ----
      THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 9.7.2015 PASSED IN MVC
NO.504/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, RAMANAGARA, AWARDING A COMPENSATION OF
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RS.10,82,648/- WITH INTEREST @ 6% P.A FROM THE DATE OF
PETITION TILL THE DATE OF REALIZATION.

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

                       JUDGMENT

Learned counsel for the appellant has filed a memo

stating that he may be permitted to withdraw the appeal

as the appeal does not survive for consideration.

Memo is placed on record.

Accordingly, appeal is dismissed as withdrawn.

Registry is directed to release the statutory amount

in favour of the appellant through RTGS, as per the bank

details to be furnished by the learned advocate for the

appellant.

Sd/-

JUDGE

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