Smt Saroja vs Sri Vijayaraj N C
2024 Latest Caselaw 3151 Kant

Karnataka High Court

Smt Saroja vs Sri Vijayaraj N C on 1 February, 2024

                                            -1-
                                                        NC: 2024:KHC:4571
                                                     MFA No. 7969 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                         BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
             MISCELLANEOUS FIRST APPEAL NO. 7969 OF 2016 (WC)
             BETWEEN:

             1.    SMT SAROJA
                   W/O LATE KUBERAPPA
                   AGED ABOUT 47 YEARS

             2.    SRI UDAYA KUMAR
                   S/O LATE KUBERAPPA
                   AGED ABOUT 21 YEARS
                   BOTH ARE R/O HALUGADDE POST
                   NERALAMANE VILLAGE
                   HOSANAGARA TALUK
                   SHIVAMOGGA DISTRICT-577426
                                                             ...APPELLANTS
             (BY SRI. NAGARAJA HEGDE., ADVOCATE)

             AND:

             1.    SRI VIJAYARAJ N C
                   S/O CHIKKA
Digitally          AGED ABOUT 25 YEARS
signed by
BHARATHI S         R/A NEAR PORT BUNGLA
Location:          GANGOLLI
HIGH COURT
OF                 KUNDAPURA TALUK-576216
KARNATAKA

             2.    ABDUL SHAIK
                   S/O MOIDEEN
                   R/O AI-X, BHARATH NAGAR
                   KOLYA, KAUP
                   UDUPI TALUK AND DISTRICT-574106

             3.    FUTURE GENERAL INDIA GENERAL
                   INSURANCE CO LTD
                   UNIT NO.201 & 202
                   2ND FLOOR, INLAND AVENUE
                   M G ROAD, BALLALBAG
                   MANGALURU-575003
                                 -2-
                                               NC: 2024:KHC:4571
                                          MFA No. 7969 of 2016




     REP BY ITS MANAGER
                                             ...RESPONDENTS
(BY SRI. MAN MOHAN P N., ADVOCATE FOR R1
    SRI. O MAHESH, ADVOCATE FOR R3
    NOTICE TO R2 IS DISPENSED WITH V/O DTD 13.2.2020)

     THIS MFA IS FILED U/S 30(1) OF WC ACT,1923 AGAINST THE
JUDGMENT AND AWARD DATED 19.05.2016 PASSED IN E.C.A NO.18
OF 2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AT
KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

                             JUDGMENT

Learned counsel for the appellant has filed a memo,

which reads as under:

"MEMO FOR WITHDRAWAL

"The above appeal is filed seeking enhancement of the compensation granted by the commissioner. During the pandancy of the above appeal, the appeal filed by the insurance company have withdrawn their appeal filed in MFA No.6730/2016. Therefore the appellant also permitted to withdraw the above appeal.

Therefore the undersigned counsel prays that the above appeal may kindly be permitted to withdraw to meet the ends of justice and equity".

2. In view of the same, the above appeal is dismissed

as withdrawn.

Sd/-

JUDGE

ND