N Virupakshappa vs Kadaswamy
2022 Latest Caselaw 10531 Kant

                              1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 07TH DAY OF JULY, 2022

                           BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

             M.F.A.NO.9957 OF 2012 (MV)

BETWEEN:

N VIRUPAKSHAPPA,
S/O NAGAPPA,
AGED ABOUT 58 YEARS,
OWNER OF TRACK BEARING
REG NO.KA-17/A-1979,
R/O D.NO.1035, 5/25,
4TH DIVISION, IMAM NAGAR,
DAVANGERE - 577001.                       ...APPELLANT

(BY SRI V MAHESHA, ADV.)

AND:

  1. KADASWAMY,
     S/O SENGOTAN,
     AGED ABOUT 30 YEARS,
     DRIVER OF TRACK
     BEARING REG NO.KA-01/AG-5488,
     R/O CHINNAMPALYAM, DEVURU POST,
     SANGHAGIRI TALUK - 641001.

  2. V SHEKAR,
     S/O VARTHAPPA GOUNDAR,
     OWNER OF TRACK BEARING REG NO.
     KA-01/AG-5488,
     R/O NO.107, 4TH CROSS, KPN EXT.
     KALASIPALYA, BANGALORE - 560004.
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  3. THE MANAGER,
     ROYAL SUNDARAM ALLIANCE INSURANCE
     COMPANY LIMITED,
     4-A, 4TH FLOOR,
     THIRUMALAIAH TOWARDS 723,
     AVINASH ROAD, COIMBATTUR - 641001.

  4. THE MANAGER,
     ICICI LOMBARD GENERAL
     INSURANCE COMPANY LIMITED,
     NO.89, 2ND FLOOR, SVR COMPLEX,
     HOSUR MAIN ROAD, MADIWALA,
     BANGALORE - 560064.                   ...RESPONDENTS

(BY SRI B.C.SHIVANNE GOWDA, ADV. FOR R4,
 SRI C.R.RAVISHANKAR, ADV. FOR R3,
 V/O/DT: 07.01.2015, NOTICE TO R1 & R2 ARE DISPENSED)
                          ----

        THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.4.2012 PASSED IN MVC
NO.1071/2009 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, MACT-5, DAVANGERE, PARTLY ALLOWING THE
CLAIM     PETITION   FOR   COMPENSATION     AND     SEEKING
ENHANCEMENT OF COMPENSATION.


        THIS APPEAL COMING ON FOR HEARING 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Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE

HD