Karnataka High Court
Sri.Yankappa S/O Yamanappa Dasar vs Shrikant S/O Krishnappa Vandal on 19 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:4005
MFA No. 105153 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 105153 OF
2019 (MV-D)
BETWEEN:
1. SRI.YANKAPPA S/O YAMANAPPA DASAR
AGED ABOUT: 59 YEARS, OCC: AGRICULTURE
2. SMT. BALAVVA W/O YANKAPPA DASR
AGED ABOUT: 49 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O: JUNJALAKOPPA,
TQ: KUSHTAGI, DIST: KOPPAL,
PIN CODE NO. 583 277.
...APPELLANTS
(BY SRI. A B PATIL, ADVOCATE)
Digitally
AND:
signed by
BHARATHI
BHARATHI H M
HM Date:
2024.02.21
12:01:18
+0530
1. SHRIKANT S/O KRISHNAPPA VANDAL
AGED ABOUT: 28 YEARS,
OCC: DRIVER OF LORRY BEARING NO. AP-04/Y-2708,
R/O: HOUSE NO.4, WARD NO.6,
MUSKESHWAR NAGAR, GULEDGUDDA,
TQ: BADAMI, DIST: BAGALKOT,
PIN CODE NO. 587203.
2. SRI. CHANNABASAPPA S/O HANUMANTHARAY SAJJAN
AGED ABOUT: 34 YEARS,
OCC: OWNER OF LORRY BEARING NO. AP-04/Y-2708,
R/O GANAJALI, TQ: DEVADURGA,
DIST: RAICHUR, PIN CODE NO. 584111.
-2-
NC: 2024:KHC-D:4005
MFA No. 105153 of 2019
3. IFFCO TOKIO GENERAL INSURANCE CO. LTD,
3RD FLOOR, SUDEV PLAZA,
OPP: SHRI LAXMI TEMPLE,
DAJIBAN PETH, HUBBALI,
TQ: HUBBALLI, DIST: DHARWAD,
PIN CODE: 580028
...RESPONDENTS
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 05.11.2018
PASSED IN MVC NO.242/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, KUSHTAGI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellants has filed a memo
for withdrawal of the appeal. Memo reads as under:
"The top noted appeal is filed by the
claimants, seeking enhancement of compensation
awarded by the tribunal on the account of death of
their son. The judgment and award dtd:
05/11/2018, passed by the Senior Civil Judge and
MACT, at. Kushtagi in M.V.C. No. 242/2018, is an
ex-parte order and after passing the judgment and
award the Respondent No.3/Insurance Company
has filed civil miscellaneous U/O IX Rule 13 of
C.P.C. in Civil. Misc. No. 2/2019, praying to set
aside the ex-parte order and restore the case in its
NC: 2024:KHC-D:4005
original file. The tribunal has allowed the Civil Misc.
and after concluded the trial by both side has
passed afresh judgment and award on 02/12/2019
in M.V.C. No. 242/2018. That, now the earlier
judgment and award dtd: 05/11/2018 challenging
in the top noted appeal is become infrucutous.
Therefore this Hon'ble Court may kindly permit the
appellants to withdraw the appeal as infructuous
and the appellants may kindly given liberty to file
an appeal challenging the judgment and award dtd:
02/12/2019 passed by the Senior Civil Judge and
MACT, at. Kushtagi in M.V.C. No. 242/2018, if
necessary, in the interest of justice and equity.
Hence this memo."
Memo is placed on record. In view of the memo, the
appeal is dismissed as withdrawn with liberty to file a fresh
appeal.
Sd/-
JUDGE
SH
