Smt. Mamatha S R vs Sri. K Sulaiman Beary
2023 Latest Caselaw 7331 Kant

                                            -1-
                                                     NC: 2023:KHC:38035-DB
                                                      MFA No. 7372 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 26TH DAY OF OCTOBER, 2023

                                         PRESENT
                         THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                            AND
                           THE HON'BLE MR JUSTICE RAJESH RAI K
                     MISCELLANEOUS FIRST APPEAL NO. 7372 OF 2019 (MV-D)
                BETWEEN:

                1.    SMT. MAMATHA S R
                      W/O LATE UMESH H S
                      AGED ABOUT 27 YEARS

                2.    JAHNAVI U
                      D/O LATE UMESH H S
                      AGED ABOUT 8 YEARS


Digitally       3.    HARSHITH U
signed by D K         S/O LATE UMESH H S
BHASKAR
Location:
                      NOW AGED ABOUT 4½ YEARS
High Court of
Karnataka             APPELLANTS 2 AND 3 ARE MINOR
                      REPRESENTED BY NATURAL GUARDIAN/
                      THEIR MOTHER
                      1ST APPELLANT HEREIN
                      ALL ARE R/AT BAIRAPPANAPALYA
                      HEGGUNDA
                      BANGALORE RURAL-562111.
                      ALSO AT C/O SHOBA, SIDDARAHALLI
                      THOLALU POST, AREHALLI HOBLI
                      BELUR TALUK , HASSAN DISTRICT-573115.
                                                              ...APPELLANTS
                (BY SRI. T.A.KARUMBAIAH - ADVOCATE)
                           -2-
                                   NC: 2023:KHC:38035-DB
                                   MFA No. 7372 of 2019




AND:

1.   SRI. K SULAIMAN BEARY
     S/O AHAMED BEARY
     MAJOR IN AGE
     KADEMAR HOUSE
     BELTHANGADI
     DAKSHINA KANNADA-574214.

2.   UNITED INDIA INSURANCE COMPANY LTD
     REGIONAL OFFICE, 5TH FLOOR
     KRUSHI BHAVAN
     NRUPATHUNGA ROAD
     HUDSON CIRCLE
     BENGALURU-560001
     BY ITS MANAGER.

3.   SRI V SIDDARAMAIAH
     S/O VENKATAPPA,
     NOW AGED ABOUT 62 YEARS

4.   SMT JAYAMMA
     W/O V SIDDARANGAIAH
     NOW AGED ABOUT 56 YEARS

     RESPONDENTS NO.3 AND 4 ARE
     R/AT BYRAPPANAPALYA
     HEGGUNDA POST
     SOMAPURA HOBLI
     NELAMANGALA TALUK
     BANGALORE RURAL DISTRICT-562111.
                                          ...RESPONDENTS
(BY SRI.Y K SHESHAGIRI RAO - ADVOCATE FOR R-2;
    SRI. MAHADEVASWAMY H. C. - ADVOCATE FOR
    SRI. MURTHY D. L - ADVOCATE FOR R-3 AND R-4)
                               -3-
                                       NC: 2023:KHC:38035-DB
                                       MFA No. 7372 of 2019




     THIS MFA FILED U/S 173(1) OF MV ACT PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 12.07.2019 IN
M.V.C.NO.3442/2017, PASSED BY THE COURT OF XXI-ADDL.
SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU AND ENHANCE THE COMPENSATION
AWARDED FROM RS.41,56,405.12/- TO RS.75,00,000/- ALONG
WITH COST AND INTEREST.

     THIS MFA, COMING ON FOR ORDERS, THIS                DAY,
K. SOMASHEKAR. J., DELIVERED THE FOLLOWING:
                          JUDGMENT

Learned counsel Sri T.A.Karumbaiah for the appellants is

present before the Court physically. He has filed a memo

seeking withdrawal of the appeal since the appellants does not

wish to the prosecute the appeal.

The memo is placed on record. Accordingly, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

DKB