The Oriental Insurance Company ... vs Kum Vinusha
2022 Latest Caselaw 10346 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF JULY 2022

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

          MFA No.3990 OF 2020(MV)

BETWEEN

THE ORIENTAL INSURANCE
COMPANY LTD.,
GIRISH COMPLEX
FIRST FLOOR, AGRAHARA STREET
CHAMARAJANAGARA
NOW REPRESENTED BY
THE DEPUTY MANAGER
THE ORIENTAL INSURANCE CO LTD.,
REGIONAL OFFICE, TP HUB
4TH FLOOR, LEO SHOPPING COMPLEX
RESIDENCY ROAD CROSS,
BANGALORE-560025.
                                    ...APPELLANT

(BY SRI. H C VRUSHABHENDRAIAH, ADV.)

AND

1.    KUM VINUSHA
      D/O KUMARA D
      AGED ABOUT 9 YEARS
      REPRESENTED BY HER NATURAL
      GUARDIAN/FATHER KUMARA D
      S/O DEVEGOWDA
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     AGED ABOUT 39 YEARS
     R/AT D.NO.109/3
     BYRAVESHWARANAGARA
     HEBBAL FIRST MAIN
     MYSURU-570001.

2.   SMT GAYATHRI K C
     W/O VAJREGOWDA K
     NANJUNDESHWARA RICE MILL
     KITTUR, PERIYAPATNA TALUK
     MYSURU DISTRICT.-571107.

3.   SOMASHEKARA R
     S/O RAJU
     AGED ABOUT 38 YEARS
     R/AT AMBEDKAR COLONY
     SIDDAIANAPURA VILLAGE
     KOLLEGAL TALUK
     CHAMARAJANAGAR DISTRICT-571440.

                                 ...RESPONDENTS

(BY SRI.RUPESH KUMAR S., ADV. FOR R1:
NOTICE TO R2 IS DISPENSED WITH
V/O DATED: 28.09.2021:
NOTICE TO R3 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED
12.06.2020 PASSED IN MVC NO.296/2016 ON THE
FILE OF THE JUDGE, PRL. COURT OF SMALL CAUSES,
MYSURU AS A PRESIDING OFFICER, MACT, MYSURU,
AWARDING COMPENSATION OF RS.14,00,000/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL REALIZATION.
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     THIS MFA COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

The learned counsel for the appellant seeks

leave of this Court to withdraw the appeal.

The submission of the learned counsel for the

appellant is placed on record,

Accordingly, the appeal is dismissed as

withdrawn.

The amount in deposit is ordered to be

transferred to the Tribunal forthwith.

Sd/-

JUDGE

DM