Chandrashekar vs Chikka Obaiah
2024 Latest Caselaw 15630 Kant

Karnataka High Court

Chandrashekar vs Chikka Obaiah on 3 July, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                            -1-
                                                         NC: 2024:KHC:25133
                                                       MFA No. 2315 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF JULY, 2024

                                          BEFORE
                           THE HON'BLE MR JUSTICE K.NATARAJAN
                 MISCELLANEOUS FIRST APPEAL NO.2315 OF 2023(MV-D)
                 BETWEEN:

                       CHANDRASHEKAR
                       AGED ABOUT 38 YEARS
                       S/O SANJEEVAIAH,
                       R/AT HANUMANTHAGIRI,
                       KORA HOBLI, TUMKUR TALUK,
                       TUMKUR DISTRICT 572 106
                                                               ...APPELLANT
                 (BY SRI. KASHYAP N NAIK., ADVOCATE)

                 AND:

                 1.    CHIKKA OBAIAH
                       AGED ABOUT 54 YEARS,
                       SON OF LATE NARASIMHAIAH.
Digitally
signed by
YAMUNA K L       2.    LALITHAMMA
Location: High         AGED ABOUT 28 YEARS,
Court of
Karnataka              DAUGHTER OF CHIKKA OBAIAH.

                 3.    SUNIHTA
                       AGED ABOUT 54 YEARS,
                       DAUGHTER OF CHIKKA OBAIAH,

                       ALL ARE RESIDING AT JETTI AGRAHARA
                       VILLAGE, C.N. DURGA HOBLI,
                       KORATAGERE TALUK,
                       TUMAKURU DISTRICT 572 129
                            -2-
                                       NC: 2024:KHC:25133
                                     MFA No. 2315 of 2023




4.   NATIONAL INSURANCE COMPANY LIMITED,
     TUMAKURU BRANCH OFFICE,
     KASTHURI MANSION,
     BEHIND KRISHNA TALKIES, M.G. ROAD,
     TUMKUR 572 101,
     REPRESENTED BY ITS BRANCH MANAGER
                                        ...RESPONDENTS
(BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R4)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.11.2022       PASSED IN MVC
NO.1270/2019 ON THE FILE OF THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI,
AND MACT, MADHUGIRI, AWARDING COMPENSATION OF RS.
6,18,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL THE DATE OF REALIZATION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

Learned counsel for the appellant submits that they

have already deposited the award amount passed by the

Tribunal and has filed a memo for withdrawn of the

appeal.

2. Aforesaid memo and submission is placed on record.

3. Appeal is dismissed as withdrawn.

NC: 2024:KHC:25133

4. In view of dismissal of the appeal, pending I.As, do

not survive for consideration.

However, statutory deposit made by the appellant is

ordered to be refund to the appellant.

Sd/-

JUDGE

ASN