Kasturibai And Ors vs Pandit And Anr
2024 Latest Caselaw 10419 Kant

Karnataka High Court

Kasturibai And Ors vs Pandit And Anr on 15 April, 2024

                                         -1-
                                               NC: 2024:KHC-K:2982
                                                 MFA No. 200583 of 2020




                        IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                     DATED THIS THE 15TH DAY OF APRIL, 2024

                                      BEFORE

                  THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                  MISCL. FIRST APPEAL NO. 200583 OF 2020 (MV-D)

             BETWEEN:

             1.   KASTURIBAI W/O BABU CHAVAN,
                  AGE: 42 YEARS, OCC: HOUSEHOLD WORK,

             2.   MOHAN S/O BABU CHAVAN,
                  AGE: 28 YEARS, OCC: NIL,

             3.   SUREKHA D/O BABU CHAVAN
                  AGE: 27 YEARS, OCC: NIL,

             4.   SUNIL S/O BABU CHAVAN
                  AGE: 25 YEARS, OCC: NIL,

                  ALL ARE R/O.ARAKERI, L.T.NO.1,
Digitally         TQ.& DIST: VIJAYAPURA-586 101.
signed by
SACHIN
Location:
HIGH COURT
                                                          ...APPELLANTS
OF           (BY SRI BABU H.METAGUDDA, ADVOCATE)
KARNATAKA

             AND:

             1.   PANDIT S/O SONGALU RATHOD,
                  AGE: MAJOR, OCC: BUSINESS,
                  R/O: AT SHANIVAR PETH,
                  KARAD, DIST: SATARA-415 001.
                  STATE MAHARASHTRA.

             2.   THE BRANCH MANAGER,
                  NEW INDIA ASSURANCE CO. LTD.,
                               -2-
                                    NC: 2024:KHC-K:2982
                                     MFA No. 200583 of 2020




     GURUKUL ROAD, HANAMSHETTY BUILDING,
     VIJAYAPURA-586 101.

                                              ...RESPONDENTS

(BY SRI RAHUL R.ASTURE, ADVOCATE FOR R-2)

     THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD DATED 10.08.2017 PASSED MVC NO.1336/2008 BY
THE MOTOR ACCIDENT CLAIMS TRIBUNAL NO.II, VIJAYAPUR
AND AWARD THE COMPENSATION OF RS.13,50,000/- WITH
12% INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY.

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

Sri Babu H.Metagudda, learned counsel for the

appellants seeks permission to withdraw the appeal stating

that on the same subject matter M.F.A.No.201016/2018 is

pending.

Having considered the submission thus made, the

appeal is dismissed as withdrawn.

Sd/-

JUDGE

SN List No.: 1 Sl No.: 19.1