Ibrath Ulla vs Asha
2022 Latest Caselaw 11050 Kant

                         1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JULY, 2022

                      BEFORE

   THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            M.F.A.NO.3549 OF 2015(MV)
                       C/W
 M.F.A.NOS.3546/2015, 3547/2015, 3548/2015(MV)
IN M.F.A.NO.3549/2015:

BETWEEN:

IBRATH ULLA,
S/O ABDUL LATHIF,
AGED ABOUT 40 YEARS,
NEAR TEMPO STAND,
SHIVAMOGGA - 577 201.
NOTE:NAME FO THE APPELLANT IS
WRONGLY MENTIONED BEFORE THE TRIAL COURT.
                                      ... APPELLANT
(BY SRI. VIJAYAKUMAR.S.C., ADVOCATE)

AND:

YAHASHIVINI,
D/O YOGA,
AGED ABOUT 7 YEARS,
SINCE THE RESPONDENT IS MINOR
REPRESENTED BY HER NATURAL GUARDIAN,
FATHER YOGA S/O NINGEGOWDA,
AGED ABOUT 35 YEARS,
R/O VIJAPURA VILLAGE,
ARKALGUD TALUK - 573 102.
HASSAN DISTRICT.
                                       ... RESPONDENT
(RESPONDENT SERVED)
                             2


     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD
DATED:07.08.2012 PASSED IN MVC NO.65/2010 ON THE
FILE OF THE SENIOR CIVIL JUDGE, MACT, ARKALGUD,
AWARDING A COMPENSATION OF RS.50,000/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF FILING OF THIS
PETITION.

IN M.F.A.NO.3546/2015:

BETWEEN:

IBRATH ULLA,
S/O ABDUL LATHIF,
AGED ABOUT 40 YEARS,
NEAR TEMPO STAND,
SHIVAMOGGA - 577 201.
NOTE:NAME FO THE APPELLANT IS
WRONGLY MENTIONED BEFORE THE TRIAL COURT.
                                      ... APPELLANT
(BY SRI.VIJAYAKUMAR S.C., ADVOCATE)

AND:

ASHA,
W/O YOGA,
AGED ABOUT 28 YEARS,
R/O VIJAPURA VILLAGE,
ARKALGUD TALUK - 573 102.
HASSAN DISTRICT.
                                    ... RESPONDENT
(RESPONDENT SERVED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD
DATED: 07.08.2012 PASSED IN MVC NO.62/2010 ON THE
FILE OF THE SENIOR CIVIL JUDGE, MACT, ARKALGUD,
AWARDING A COMPENSATION OF RS.93,000/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF FILING OF THIS
PETITION.
                             3



IN M.F.A.NO.3547/2015:

BETWEEN:

IBRATH ULLA,
S/O ABDUL LATHIF,
AGED ABOUT 40 YEARS,
NEAR TEMPO STAND,
SHIVAMOGGA - 577 201.
NOTE:NAME FO THE APPELLANT IS
WRONGLY MENTIONED BEFORE THE TRIAL COURT.
                                      ... APPELLANT
(BY SRI.VIJAYAKUMAR S.C., ADVOCATE)

AND:

YOGA,
S/O NINGEGOWDA,
AGED ABOUT 35 YEARS,
R/O VIJAPURA VILLAGE,
ARKALGUD TALUK - 573 102.
HASSAN DISTRICT.
                                    ... RESPONDENT
(RESPONDENT SERVED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD
DATED: 07.08.2012 PASSED IN MVC NO.63/2010 ON THE
FILE OF THE SENIOR CIVIL JUDGE, MACT, ARKALGUD,
AWARDING A COMPENSATION OF RS.1,42,500/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF FILING OF THIS
PETITION.


IN M.F.A.NO.3548/2015:

BETWEEN:

IBRATH ULLA,
S/O ABDUL LATHIF,
                           4


AGED ABOUT 40 YEARS,
NEAR TEMPO STAND,
SHIVAMOGGA - 577 201.
NOTE:NAME FO THE APPELLANT IS
WRONGLY MENTIONED BEFORE THE TRIAL COURT.
                                      ... APPELLANT
(BY SRI.VIJAYAKUMAR S.C., ADVOCATE)

AND:

1. YOGA,
   S/O NINGEGOWDA,
   AGED ABOUT 35 YEARS,

2. ASHA,
   W/O YOGA,
   AGED ABOUT 28 YEARS,

  BOTH ARE R/AT VIJAPURA VILLAGE,
  ARKALGUD TALUK - 573 102.
  HASSAN DISTRICT.
                                     ... RESPONDENTS
(RESPONDENTS SERVED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLE ACT AGAINST THE JUDGMENT AND AWARD
DATED: 07.08.2012 PASSED IN MVC NO.64/2010 ON THE
FILE OF THE SENIOR CIVIL JUDGE, MACT, ARKALGUD,
AWARDING A COMPENSATION OF RS.1,75,000/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF FILING OF THIS
PETITION.

       THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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                      JUDGMENT

Learned advocate for the appellant files memo to

withdraw the appeals on the premise that the cases are

settled between the parties.

Memo is placed on record.

Appeals are dismissed as not pressed.

The amount in deposit be released in favour of the

appellant.

Sd/-

JUDGE

bnv