Somashekhar S/O Sharanappa And ... vs Saber Ali S/O Ahmed Ali And Ors
2022 Latest Caselaw 8056 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 2ND DAY OF JUNE 2022

                            BEFORE

     THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

                MFA No. 201015/2022 (MV)

BETWEEN:

1.    Somashekhar S/o Sharanappa,
      Age: 39 Years, Occ: Coolie,

2.    Chandrakala D/o Somashekhar,
      Age: 15 years, Occ: Student,

3.    Shivasharnayya S/o Somashekhar,
      Age: 14 years, Occ: Student,

4.    Nandini D/o Somashekhar,
      Age: 13years, Occ: Student,

5.    Ravichandra S/o Somashekhar,
      Age: 11 years, Occ: Student,

      Petitioners No.2 to 5 are minors
      Represent through next friend
      Natural father petitioner No.1.

      All residents of Kamballethi,
      Tq. Manvi, Dist: Raichur,
      Now presently residing at
      Kalaburagi.
                                            .....Appellants
(By Smt. Sharada Patil Kulgeri, Advocate)
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AND:

1.     Saber Ali S/o Ahmed Ali,
       Age: 45 years, Occ: Owner of Vehicle,
       R/o H.No.1-4-110/45, Shanti Colony,
       T.B.Road, Raichur-584101.

2.     The Divisional manager,
       National Insurance Co. Ltd.,
       Bilgundi Complex, Station Road,
       Kalaburagi-585 101.

3.     Sharanappa S/o. Tayappa Baddelli
       Age: 28 years, Occ: Owner of
       Motorcycle Bearing
       Reg. No.KA-33/K-6780
       R/o. Gogipeth, Tq: Shahapur
       Dist: Yadgir - 585309
                                                  .....Respondents

       This MFA is filed under section 173(1) of the Motor
Vehicles   Act,   praying   to   allow   the   above   appeal   and
consequently be pleased to modify the judgment and award
passed by    II Addl. Senior Civil Judge & MACT Kalaburagi in
MVC No.549/2017 dated 10.06.2019 and consequently be
pleased to enhance the compensation suitably.



       This appeal coming on for Orders, this day, the Court
delivered the following:
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                      JUDGMENT

Learned counsel for the appellant has filed memo

dated 02.06.2022 stating that the appellant is not

interested in prosecuting the appeal and submits that the

appeal may be disposed of as withdrawn.

The memo is placed on record.

In view of the said memo, the appeal is dismissed

as withdrawn.

Sd/-

JUDGE

KGR*