Smt. Vaishnavi vs Shrinivas Ramkrishna Pavuskar
2024 Latest Caselaw 15182 Kant

Karnataka High Court

Smt. Vaishnavi vs Shrinivas Ramkrishna Pavuskar on 1 July, 2024

Author: S G Pandit

Bench: S G Pandit

                                                        -1-
                                                                  NC: 2024:KHC-D:8903-DB
                                                                  MFA No.104375 of 2019




                                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                       DATED THIS THE 1ST DAY OF JULY, 2024
                                                     PRESENT
                                       THE HON'BLE MR JUSTICE S G PANDIT
                                                        AND
                                      THE HON'BLE MR JUSTICE G BASAVARAJA
                                MISCELLANEOUS FIRST APPEAL NO.104375 OF 2019 (MV-D)
                           BETWEEN:
                           1.   SMT. VAISHNAVI W/O. PRADEEP PAVUSKAR
                                AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
                           2.   MR. SURYANAND S/O. PRADEEP PAVUSKAR
                                AGE: 29 YEARS, OCC: STUDENT,
                           3.   KUMARI AISHWARYA
                                D/O. PRADEEP PAVUSKAR
                                AGE: 18 YEARS, OCC: STUDENT,
                                ALL ARE R/O. H.NO. 175/1, INDRAPRASTANAGAR,
                                BEHIND MARATHAANDIR KARYALAYA,
                                TILAKWADI, BELAGAVI-590001.
                                                                              ...APPELLANTS
                           (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
                           AND:
                           1.    SHRINIVAS RAMKRISHNA PAVUSKAR
                                 AGE: MAJOR, OCC: BUSINESS,
                                 R/O. BHAGODAYA BUILDING,
           Digitally
           signed by K M
           SOMASHEKAR
                                 4TH CROSS, ADAR NAGAR, M. VADAGAON, BELAGAVI.
                                 (OWNER OF INNOVA CAR NO.KA-22/N-6299)
KM         Location:
SOMASHEKAR HIGH COURT
           OF
           KARNATAKA
           DHARWAD
           BENCH

                           2.    BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
                                 MADIWALE ARCADE,
                                 OWNER OF THE LORRY BEARING REG. NO.
                                 CLUB ROAD, BELAGAVI,
                                 (INSURER OF INNOVA CAR NO.KA-22/N-6299)

                           3.    BASAVANNI BHIMAPPA
                                 AGE: 53 YEARS, OCC: AGRICULTURE,
                                 R/O: YERNAL TQ: HUKKERI, DIST: BELAGAVI.
                                 (OWNER OF TRACTOR KA-40/T-8442 TRAILERKA-49/TA-1045)
                                  -2-
                                         NC: 2024:KHC-D:8903-DB
                                         MFA No.104375 of 2019




4.   THE DIVISIONAL MANAGER
     UNITED INDIA INSURANCE LTD.,
     CHENNAI BR., THROUGH ITS DIVISIONAL OFFICE
     MARUTI GALLI, BELAGAVI,
     R/O. YERNAL, TQ: HUKKERI, DIST: BELAGAVI.
     (INSURER OF THE TRACTOR NO.KA-40/T-8442 &
     TRAILER NO.KA-49/TA-1045
                                               ...RESPONDENTS
 (BY SRI. SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2,
SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R4,
NOTICE TO R1 AND R3 ARE SERVED)
     THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 22.03.2019 PASSED
IN MVC NO.2817/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
S G PANDIT J., DELIVERED THE FOLLOWING:

                                ORDER

Learned counsel Sri. Y. Lakshmikant Reddy for the

appellants after arguing the matter for sometime seeks leave of

the Court to withdraw the appeal.

Submission is placed on record. Appeal stands dismissed

as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE JTR