Mohammed Rabbani S/O Nabisab ... vs Rachamma W/O Manik And Ors
2022 Latest Caselaw 9403 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

        DATED THIS THE 22ND DAY OF JUNE 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR


               MFA No.30195/2013 (MV)

BETWEEN:
MOHAMMED RABBANI S/O NABISAB NABBAELLI
AGE: 656 YEARS, OCC. BUSINESS,
OWNER OF LORRY NO.KA-38/0222
R/O: CHILLA GALLI, BASAVAKALYAN,
DIST. BIDAR-585401.
                                             ...APPELLANT
(BY SRI.SANJEEV PATIL, ADVOCATE)
AND

1.     RACHAMMA W/O MANIK
       AGE: 63 YEARS, OCC. AGRICULTURE & MILK VENDOR,
       R/O HAL HIPPARGA NOW AT GANESH MAIDAN BIDAR.
2.     VENKATRAO S/O MANIKRAO
       AGE: MAJOR, OCC. AGRICULATURE, & BUSINESS,
       R/O HALLI TQ. BASAVAKALYAN, DIST. BIDAR-585402.
3.     THE UNITED INDIA INSURANCE CO.LTD.,
       THROUGH ITS BRANCH OFFICE MAIN ROAD
       NEAR AMBEDKAR CIRCLE BIDAR-585401.
4.    THE DIVISIONAL CONTROLLER
      NEKRTC, BIDAR DIVISION, BIDAR-585401.
                                        .....RESPONDENTS
(BY SRI JAIRAJ K.BUKKA, ADV. FOR PROPOSED LRs OF R1
  SRI MANVENDRA REDDY, ADV. FOR R3
SMT. RATNA N.SHIVAYOGIMATH, ADV. FOR R4)
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     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 10.03.2011 PASSED
IN MVC NO.456/2008 ON THE FILE OF THE FTC-1 & ADDL.
MACT, BIDAR, BY HOLDING THE RESPONDENT NO.2 BE ALONE
TO PAY THE ENTIRE COMPENSATION AMOUNT AWARDED BY
THE TRIBUNAL BY SETTING ASIDE THE AWARD PASSED
AGAINST THE APPELLANT BY ALLOWING THIS APPEAL.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                     JUDGMENT

Learned counsel for the appellant has filed a

memo stating that the parties have settled the claim

out of the Court and therefore he does not want to

press the appeal. As such, he submits that he is

intending to withdraw the appeal.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as not

pressed.

In view of the disposal of appeal, pending

interlocutory applications stands dismissed.

The statutory amount deposited shall be

remitted to the tribunal forthwith.

Sd/-

JUDGE

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