Smt. Jayamma vs Shri. Santhosh M K
2023 Latest Caselaw 6528 Kant

                                         -1-
                                                  NC: 2023:KHC:33335-DB
                                                  MFA No. 2969 of 2019




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 14TH DAY OF SEPTEMBER, 2023

                                       PRESENT

                        THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                         AND

                        THE HON'BLE MR JUSTICE UMESH M ADIGA

               MISCELLANEOUS FIRST APPEAL NO.2969 OF 2019 (MV-D)


              BETWEEN:


              1.    SMT. JAYAMMA
                    W/O LATE KENCHEGOWDA
                    AGED ABOUT 52 YEARS.

              2.    SHRI MANJEGOWDA
                    S/O LATE KENCHEGOWDA
                    AGED ABOUT 40 YEARS.

Digitally     3.    SHRI RANGASWAMY
signed by D
HEMA                S/O LATE KENCHEGOWDA
Location:           AGED ABOUT 42 YEARS.
HIGH COURT
OF
KARNATAKA     4.    SHRI DEVARAJU
                    S/O LATE KENCHEGOWDA
                    AGED ABOUT 38 YEARS.

                    ALL ARE R/AT MADALAPURA VILLAGE,
                    DANDIGANAHALLI HOBLI,
                    CHANNARAYAPATNA TALUK.
                                                          ...APPELLANTS
              (BY SHRI CHINMAY, ADVOCATE FOR
                  SHRI RAJARAMA SOORYAMBAIL, ADVOCATE)
                               -2-
                                           NC: 2023:KHC:33335-DB
                                           MFA No. 2969 of 2019




AND:

1.   SHRI SANTHOSH M K
     S/O KRISHNE GOWDA,
     R/AT K.MALLENAHALLI VILLAGE,
     DANDIGANAHALLI HOBLIE,
     CHANNARAYAPATNA TALUK,
     HASSAN DISTRICT.

2.   REGIONAL MANAGER
     LIBERTY VIDEOCON
     GENERAL INSURANCE COMPANY,
     OFFICE NO.1 @ 1ST FLOOR,
     REAR PORTION, OLD NO.28,
     NEW NO.23, RICHMOND ROAD,
     BENGALURU - 560 025.
                                                  ...RESPONDENTS

     THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1)
OF M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED
06.03.2019 PASSED IN MVC NO.1197/2018 ON THE FILE OF
THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
HASSAN DISTRICT, (SIT AT CHANNARAYAPATNA), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, K.SOMASHEKAR J., DELIVERED THE
FOLLOWING:

                         JUDGMENT

Shri.Rajaram Sooryambail, learned counsel who is on

record for the appellants is being represented by

Shri.Chinmay, learned counsel who is present before the

Court physically.

NC: 2023:KHC:33335-DB MFA No. 2969 of 2019

2. The learned counsel for the appellants has filed

a memo dated 29.08.2023 wherein it is stated as follows:

"It is submitted that, in the instant case, according to the instructions of the appellants, both the appellants and respondents settled the matter amicably in between themselves. Hence the appellants herein directed me to withdraw the instant appeal as infructuous. Hence continuation of proceedings before this Hon'ble Court does not arise and the appellant herein seeking to withdraw the appeal as infructuous. The same may be taken on record in the interest of justice and equity.

3. Memo is placed on record, leave as sought for

is granted. In view of the memo, this appeal is dismissed

as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE DH