Karnataka High Court
The Branch Manager vs Rajamma on 5 April, 2024
-1-
NC: 2024:KHC:14298
MFA No. 5000 of 2018
C/W MFA No. 5001 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.5000 OF 2018(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.5001 OF2018(MV-I)
IN MFA NO.5000 OF 2018
BETWEEN:
THE BRANCH MANAGER
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED
NO.2, SHANKARANARAYANA BUILDING
3RD FLOOR, M.G. ROAD
BENGALURU.
...APPELLANT
(BY SRI O. MAHESH, ADVOCATE)
AND:
1. RACHAPPAJI. T. S. @ RACHAPPA T.S.
AGED ABOUT 51 YEARS
S/O. SIDDEGOWDA
Digitally signed by
MOUNESHWARAPPA
R/AT KONANKOPPALU VILLAGE
NAGARATHNA B.G. PURA HOBLI, MALAVALLI TALUK
Location: HIGH
COURT OF MANDYA DISTRICT-571 401.
KARNATAKA
2. MOHAMMED ALI
MAJOR
S/O. JAMESH S.K.
R/O. EDGA MOHALLA, KOLLEGALA TOWN
CHAMARAJANAGARA DISTRICT-571 313.
...RESPONDENTS
(BY SRI H. N. BASAVARAJU, ADVOCATE FOR R-1
R-2 IS SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE
JUDGMENT AND AWARD DATED 03/03/2018, PASSED IN MVC
-2-
NC: 2024:KHC:14298
MFA No. 5000 of 2018
C/W MFA No. 5001 of 2018
NO.242/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C., MALAVALLI, AWARDING COMPENSATION OF RS.65,500/-
TOGETHER WITH INTEREST AT THE RATE OF 9% P.M. FROM THE
DATE OF PETITION TILL DEPOSIT.
IN MFA NO.5001 OF 2018
BETWEEN:
THE BRANCH MANAGER
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED
NO.2, SHANKARANARAYANA BUILDING
3RD FLOOR, M.G. ROAD
BENGALURU.
...APPELLANT
(BY SRI O. MAHESH, ADVOCATE)
AND:
1. RAJAMMA
AGED 51 YEARS
W/O. RACHAPPA T. S.
R/AT KONANKOPPALU VILLAGE
B.G. PURA HOBLI, MALAVALLI TALUK
MANDYA DISTRICT-571 401.
2. MOHAMMED ALI
MAJOR
S/O. JAMESH S.K.
R/O. EDGA MOHALLA, KOLLEGALA TOWN
CHAMARAJANAGARA DISTRICT-571 313.
...RESPONDENTS
(BY SRI H. N. BASAVARAJU, ADVOCATE FOR R-1
R-2 IS SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE
JUDGMENT AND AWARD DATED 03/03/2018, PASSED IN M.V.C.
NO.241/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C., MALAVALLI, AWARDING COMPENSATION OF RS.65,500/-
WITH INTEREST AT THE RATE OF 9% P.M. FROM THE DATE OF
PETITION TILL DEPOSIT.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:14298
MFA No. 5000 of 2018
C/W MFA No. 5001 of 2018
JUDGMENT
Learned counsel for the appellant-Insurance company
appearing through video conference submits that he has filed
memos dated 19.03.2024 in both the appeals seeking permission
of the Court to withdraw the appeals. The contents of the memos
reads as under:-
MEMO FOR WITHDRAWAL OF THE APPEAL
In the above appeal appellant insurer
would like to withdraw the above appeal
without prejudice and same may be
disposed of as withdrawn.
Amount in deposit may kindly be
transferred to tribunal in the interest of
justice and equity.
2. Memos are taken on record. Permission is granted. In
view of the memos filed by the appellant, the appeals are
dismissed as withdrawn.
Amount in deposit be transmitted to the concerned Tribunal
in both the appeals.
Sd/-
JUDGE
MN
