Smt Padmavathi vs Sri Vijayaraj N C
2024 Latest Caselaw 3152 Kant

Karnataka High Court

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

                                                  -1-
                                                            NC: 2024:KHC:4549
                                                         MFA No. 7968 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. 7968 OF 2016 (WC)
                   BETWEEN:

                   1.    SMT PADMAVATHI
                         AGED ABOUT 28 YEARS,
                         W/O MANJUNATHA
                         R/AT AMBAGILU
                         UPPUNDA VILLAGE AND POST
                         KUNDAPURA TALUK-576 232
                                                                  ...APPELLANT
                   (BY SRI. NAGARAJA HEGDE., ADVOCATE)

                   AND:

                   1.    SRI VIJAYARAJ N C
                         AGED ABOUT 25 YEARS,
                         S/O CHIKKA
                         R/AT NEAR PORT BUNGLA
                         GANGOLI
Digitally signed         KUNDAPURA TALUK-576216
by BHARATHI
S
Location: HIGH
                   2.    ABDUL SHAIK
COURT OF                 S/O MOIDEEN
KARNATAKA                R/O A1-X BHARATH NAGAR,
                         KOLYA KAUP
                         UDUPI TALUK & DISTRICT-574106

                   3.    FUTURE GENERAL INDIA
                         GENERAL INSURNACE CO LTD
                         UNIT NO.201 & 202
                         2ND FLOOR, INLAND AVENUE
                         M.G.ROAD, BALLALBAG
                         MANGALURU-575003
                         REP BY ITS MANAGER
                                                               ...RESPONDENTS
                                 -2-
                                               NC: 2024:KHC:4549
                                          MFA No. 7968 of 2016




     THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.05.2016 PASSED IN ECA.NO.
19/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.

     THIS APPEAL, COMING ON FOR ORDERS, 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 pendency of the above appeal, the appeal filed by the insurance company have withdrawn their appeal filed in MFA No.6731/2016. Therefore the appellants 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