Mohammad Abrar vs Unais
2022 Latest Caselaw 4152 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF MARCH, 2022

                        PRESENT

       THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

                         AND

           THE HON'BLE MRS. JUSTICE M.G.UMA

 MISCELLANEOUS FIRST APPEAL NO.3330 OF 2020 (MV-I)

BETWEEN:
1.     MOHAMMAD ABRAR
       S/O M A ZIAULLA
       AGED ABOUT 24 YEARS,
       DRIVER
       R/O C P K MAIN ROAD,
       PONNAMPET
       VIRAJPET TALUK
       KODAGU DISTRICT.

2.     M.A. ATHAULLA
       S/O ABDUL REHAMAN
       AGED ABOUT 52 YEARS,
       OWNER OF LMV CAR
       R/O C.P.K. MAIN ROAD,
       PONNAMPET,
       VIRAJPET TALUK
       KODAGU DISTRICT.                ...APPELLANTS

(BY SRI ABUBACKER SHAFI., ADVOCATE)

AND:
1.     UNAIS
       S/O P A ALI
       AGED ABOUT 22 YEARS,
       BUSINESSMAN
       R/AT TEACHERS COLONY
       ARAVATHOKLU
       GONIKOPAL
       VIRAJPET TALUK
                           -2-


      KODAGU DISTRICT
      REPRESENTED BY HIS
      MOTHER P.A. SHAHIRA
      W/O P.A. ALI.

2.    UNITED INDIA INSURANCE COMPANY LTD.,
      MAHAGANAPATHY COMPLEX,
      2ND FLOOR, COLLEGE ROAD,
      MADIKERI
                                    ...RESPONDENTS
                         -----

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED. 11.12.2019, PASSED IN MVC NO.206/2017,
ON THE FILE OF THE II-ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND MACT, KODAGU-MADIKERI, SITTING
AT     VIRAJPET,   AWARDING      COMPENSATION      OF
RS.15,47,000/- WITH INTEREST AT THE RATE OF 9 PERCENT
P.A., FROM THE DATE OF THE CLAIM PETITION TILL THE
DATE OF REALIZATION.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
P.S. DINESH KUMAR. J., MADE THE FOLLOWING:-

                       JUDGMENT

Shri Abubacker Shafi, learned advocate for the

appellants' submits that this appeal is filed by the owner

of the offending vehicle and the parties have settled the

matter amicably and he seeks leave to withdraw this

appeal.

2. Leave granted. The appeal stands dismissed

as withdrawn.

3. In view of dismissal of the appeal,

I.A.No1/2020 and I.A.No.1/2021 do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

*mn/-