National Insurance Company Limited vs Basavarajappa
2024 Latest Caselaw 3961 Kant

Karnataka High Court

National Insurance Company Limited vs Basavarajappa on 8 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                                -1-
                                                           NC: 2024:KHC:5385
                                                        MFA No. 8588 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                   MISCELLANEOUS FIRST APPEAL NO.8588 OF 2023(MV-D)
                   BETWEEN:

                   NATIONAL INSURANCE COMPANY LIMITED,
                   B.H.ROAD, SHIVAMOGGA CITY.
                   ALSO AT
                   THE NATIONAL INSURANCE COMPANY LIMITED
                   REGIONAL OFFICE:144, SUBHARAM COMPLEX,
                   M.G ROAD, BENGALURU - 560 001.
                   NOW REP. BY ASST. MANAGER, LEGAL.
                                                                ...APPELLANT
                   (BY SRI. ASHOK N.PATIL, ADVOCATE)
Digitally signed
by GAYATHRI
N                  AND:
Location: High
Court of           1.    BASAVARAJAPPA,
Karnataka                S/O ESHWARAPPA,
                         AGED ABOUT 58 YEARS,

                   2.    SMT. GIRIJAMMA,
                         W/O BASAVARAJAPPA,
                         AGED ABOUT 56 YEARS,

                         BOTH ARE AGRICULTURIST AND
                         R/OF MUDDANAHALLI POST,
                         KENGATTE VILLAGE,
                         SHIKARIPURA TLAUK
                         SHIVAMOGGA DISTRICT-577 427.

                         NOT RESIDING IN THE HOUSE OF
                         SRI. VENKATESH,
                         S/O VEERESHAPPA, MAJOR,
                         R/O II CROSS,
                         VIANAYAKA NAGAR,
                         SHIVAMOGGA CITY-577 427.
                             -2-
                                         NC: 2024:KHC:5385
                                      MFA No. 8588 of 2023




3.   SMT. RANGAMMA,
     W/O ESHWARAPPA,
     AGED ABOUT 70 YEARS,
     AGRICULTURIST,
     R/O KENGETTE VILLAGE,
     SHIKARIPURA TLAUK,
     SHIVAMOGGA DISTRICT-577 427.

4.   S.JAGADHEESHA,
     S/O SOMASHEKARAPPA,
     AGED ABOUT 38 YEARS,
     R/O KENGETTE VILLAGE,
     SHIKARIPURA TLAUK,
     SHIVAMOGGA DISTRICT-577 427.
                                           ...RESPONDENTS

     THIS MFA FILED U/S.173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND CONSEQUENTLY MODIFY THE
JUDGMENT AND AWARD DATED 16.10.2018 PASSED IN MVC
NO.01/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
JUDGE AND CJM AND MACT-VII, SHIVAMOGGA, AND ORDER
THAT   THE   INSURER/APPELLANT     IS   ENTITLED   FOR
REFUND/RECOVERY OF THE AMOUNT DEPOSITED.

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

                       JUDGMENT

Learned counsel for the appellant is present and has

filed a memo seeking to withdraw the appeal.

2. Memo is taken on record.

NC: 2024:KHC:5385

Accepting the submission on the memo this appeal is

dismissed as withdrawn reserving liberty to the

appellant to initiate appropriate proceedings.

Sd/-

JUDGE

GPG