New India Assurance Co. Ltd vs P Govindappa S/O Narasimappa
2022 Latest Caselaw 8037 Kant

                                             -1-




                                                     MFA No. 24159 of 2010


                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 02ND DAY OF JUNE, 2022

                                           BEFORE
                          THE HON'BLE MR JUSTICE P.KRISHNA BHAT
                               MFA NO. 24159 OF 2010 (MV-D)
                   BETWEEN:

                        NEW INDIA ASSURANCE CO. LTD.,
                        AM ARCED, NEAR VIDYARTHI BHAVAN,C HOSPITAL
                        ROAD, DAVANGEREREP. BY ITS REGIONAL
                        MANAGER,REGIONAL OFFICE, SRINATH
                        COMPLEX,COTTON MARKET, HUBLI

                                                              ...APPELLANT
                   (BY SMT. PREETI SHASHANK, ADVOCATE)

                   AND:

                   1.   P GOVINDAPPA S/O NARASIMAPPA
                        AGE: 47 YRS, OCC: COOLIE and AGRIL.R/O
                        CHARALAHALLI VILLAGECHITRADURGA TQ. NOW
                        KODIYAL HOSPET VILLAGE IN RENEBENNUR TQ.

                   2.   CHITRALINGAMMA W/O GOVINDAPPA
                        AGE: 44 YRS, OCC: HOUSEHOLD,R/O CHARALAHALLI
Digitally signed
by JAGADISH T
                        VILLAGECHITRADURGA TQ. NOW AT
R
Location: HIGH
                        KODIYALHOSPETH VILLAGE RANEBENNUR TQ.
COURT OF
KARNATAKA,
DHARWAD
Date: 2022.06.03   3.   RENUKA D/O GOVINDAPPA
11:19:04 +0530
                        AGE: 21 YRS, OCC: HOUSEHOLD,R/O CHARALAHALLI
                        VILLAGECHITRADURGA TQ. NOW AT
                        KODIYALHOSPETH VILLAGE RANEBENNUR TQ.

                   4.   KARIYAPPA S/O DODDAKARIYPAPPA
                        AGE: MAJOR, OCC: AGRICULTURE, R/O IGOOR
                        GOLLARAHATTI VILLAGEOWNER OF THE VEHICLE
                        BEARINGREG. NO. KA-17/T-2013
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                                       MFA No. 24159 of 2010


                                               ...RESPONDENTS

(BY SRI.M.H. PATIL, ADV. FOR R1 TO R3)
(R4- NOTICE DISPENSED WITH)

     THIS APPEAL IS FILED UNDER SECTION 173(10 OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO PASS AN ORDER
SETTING ASIDE THE JUDGMENT AND AWARD IN MVC
NO.315/2008 DATED 22.02.2010 PASSED BY THE COURT OF
ADDL. CIVIL JUDGE (SR.DN.) & MACT, RANEBENNUR AND
CLAIM PETITION MAY KINDLY BE DISMISSED INSOFAR AS
APPELLANT INSURANCE COMPAY IS CONCERNED TO MEET THE
ENDS OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, COURT MADE THE FOLLOWING:

                          ORDER

Learned counsel for the appellant files a memo

seeking permission to withdraw the appeal.

Memo dated 2.6.2022 is placed on record.

Accordingly, appeal is dismissed as withdrawn.

Amount in deposit, if any, shall be transmitted to the

learned MACT along with the records forthwith.

Sd/-

JUDGE

JTR