Iffco Tokio Gic Ltd vs Andaneppa And Anr
2022 Latest Caselaw 12557 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 18TH DAY OF OCTOBER, 2022

                       BEFORE

     THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR


              MFA No.202090/2017 (MV)
BETWEEN:

IFFCO TOKIO GIC LTD.,
SUDEV PLAZA, II FLOOR,
OPP. LAXMI TEMPLE, DAJIBANPETH,
HUBLI-29. (NOW REPRESENTED BY
AUTHORIZED SIGNATORY, BANGLAORE)
                                           ...APPELLANT
(BY SMT.PREETI PATIL MELKUNDI, ADVOCATE)
AND:

1.     ANDANEPPA S/O VEERABHAPPA KAMBAR,
       AGE: 75 YEARS, OCC: AGRICULTURE,
       R/O KOLHAR, TQ: B.BAGEWADI-586121

2.     BHIMASHANKAR S/O DUNDAPPA GANI
       AGE: 45 YEARS, OCC: BUSINESS,
       R/O KOLHAR, TQ: B.BAGEWADI-586121
       DIST: VIJAYAPURA.
                                       .....RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
SETTING ASIDE THE IMPUGNED COMMON JUDGMENT AND
AWARD DATED 29.12.2016 IN MVC NO.115/2012 PASSED BY
THE SENIOR CIVIL JUDGE AND MEMBER MACT-IX AT BASAVANA
BAGEWADI.
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     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Smt.Preeti Patil Melkundi, learned counsel for the

appellant-insurer is present before the Court. She files a

memo seeking leave of the Court to withdraw the appeal.

Her submission is placed on record.

Memo reads as under;

"The appeal has been preferred on the ground of contributory negligence on the part of both the vehicles, which is Car and Piaggio Ape vehicle three wheeler.

The competent authority has now directed to withdraw the said appeal in view of award amount is of Rs.85,000/- and may be disposed in the interest of justice".

In view of her submission, this appeal is dismissed

as withdrawn.

Sd/-

JUDGE

msr