Chandregowda vs P S Poovaiah
2023 Latest Caselaw 5978 Kant

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                                                          NC: 2023:KHC:30560
                                                        MFA No. 1792 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF AUGUST, 2023

                                          BEFORE
                             THE HON'BLE MR JUSTICE M.I.ARUN
                 MISCELLANEOUS FIRST APPEAL NO.1792 OF 2022(MV-D)
                 BETWEEN:

                 1.    CHANDREGOWDA,
                       S/O LATE THIMMEGOWDA,
                       AGED ABOUT 45 YEARS.

                 2.    NAGARAJA,
                       S/O LATE THIMMEGOWDA,
                       AGED ABOUT 43 YEARS.

                 3.    LALITHA,
                       D/O LATE THIMMEGOWDA,
                       AGED ABOUT 38 YEARS.

                 4.    YASHODHA,
                       D/O LATE THIMMEGOWDA,
Digitally
signed by V            AGED ABOUT 36 YEARS.
MANJUSHA
BAI
Location: High
Court of         5.    DRAKSHAYINI,
Karnataka
                       D/O LATE THIMMEGOWDA,
                       AGED ABOUT 34 YEARS.

                 6.    RAJESHA,
                       S/O LATE THIMMEGOWDA,
                       AGED ABOUT 32 YEARS.
                       ALL ARE R/AT
                       KALYANAPURA VILLAGE,
                       MADIHALLY HOBLI, HASSAN TALUK,
                       HASSAN - 573 201.
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                                       NC: 2023:KHC:30560
                                     MFA No. 1792 of 2022




7.   RATHNAMMA,
     W/O PUTTASWAMY,
     AGED ABOUT 55 YEARS,
     ADAGURU VILLAGE, BELUR TALUK,
     HASSAN DISTRICT - 573 201.

8.   JAYAMMA,
     W/O YOGESHA,
     AGED ABOUT 45 YEARS,
     BIKKODU VILLAGE, BELUR TALUK,
     HASSAN DISTRICT.
                                            ...APPELLANTS
(BY SMT. KAVITHA H.C., ADVOCATE)

AND:

1      P.S. POOVAIAH,
       S/O LATE P.C. SUBBAIAH,
       NARASIMHASWAMY LAYOUT,
       HUNASURU, MYSORE DISTRICT.
       (OWNER OF THE LORRY
       BEARING REG NO.CTX-6487)
       DEAD BY HIS LRS:

1(A) P.P. THANGYAMMA,
     W/O LATE POOVAIAH,
     AGED ABOUT 58 YEARS.

1(B) SUMATHI,
     D/O LATE POOVAIAH,
     AGED ABOUT 50 YEARS.

1(C) SUNITHA,
     D/O LATE POOVAIAH,
     AGED ABOUT 48 YEARS,
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                                           NC: 2023:KHC:30560
                                      MFA No. 1792 of 2022




        ALL ARE R/A OPPOSITE TO
        NARASIMHASWAMY TEMPLE,
        NARASIMHASWAMY LAYOUT,
        HUNASURU TOWN,
        MYSORE DISTRICT.

2.      THE BRANCH MANAGER,
        UNITED INDIA INSURANCE
        COMPANY LIMITED,
        HUNASURU, CLUB COMPLEX,
        POST OFFICE ROAD,
        HUNASURU.
        REPRESENTED BY
        THE BRANCH MANAGER,
        UNITED INDIA INSURANCE CO. LTD.,
        B.M. ROAD,
        HASSAN - 573 201.

3.      BALARAM,
        S/O MARAGEGOWDA,
        AGED ABOUT 38 YEARS,
        CTX-6487 LORRY DRIVER,
        HOSAKOPPALU VILALGE,
        HEBBALU HOBLI, K.R. NAGARA TALUK,
        MYSORE DISTRICT - 570 001.

        PRESENT ADDRESS
        KALKUDIKE RANGANATHA BADAVANE,
        HUNASURU TOWN, HUNASURU,
        MYSORE DISTRICT - 570 001.
                                              ...RESPONDENTS
        THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.05.2013          PASSED IN MVC
NO. 1161/2009      ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL    JUDGE AND    ADDITIONAL   MACT, HASSAN, PARTLY
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                                             NC: 2023:KHC:30560
                                         MFA No. 1792 of 2022




ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

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

                              ORDER

Learned counsel for the appellants has filed a memo

dated 28.08.2023 with a prayer to withdraw the appeal.

Memo is taken on record.

Accordingly, the appeal is dismissed as

withdrawn.

SD/-

JUDGE

MH/-

CT:SNN