Mounesh Kashinath Sonnad vs The Divisional Manager And Anr
2024 Latest Caselaw 18408 Kant

Karnataka High Court

Mounesh Kashinath Sonnad vs The Divisional Manager And Anr on 24 July, 2024

                                                  -1-
                                                              NC: 2024:KHC-K:5264
                                                          MFA No. 201176 of 2017




                                  IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                                DATED THIS THE 24TH DAY OF JULY, 2024

                                                BEFORE
                              THE HON'BLE MR. JUSTICE UMESH M ADIGA


                             MISCL. FIRST APPEAL NO. 201176 OF 2017 (MV-I)
                      BETWEEN:

                      1.   MOUNESH KASHINATH SONNAD
                           AGE: MAJOR, OCC: SERVICE,
                           R/O INGALESHWAR, ARALICHANDI, TQ. B.BAGEWADI
                           DIST: VIJAYAPURA,
                           (OWNER OF MOTORCYCLE NO.KA-28Y-9378)

                                                                   ...APPELLANT

                      (BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)

                      AND:

                      1.   THE DIVISIONAL MANAGER
Digitally signed by        UNITED INDIA INSURANCE CO. LTD.,
SHIVALEELA
DATTATRAYA UDAGI           S.S. FRONTO ROAD, VIJAYAPURA,
Location: HIGH
COURT OF              2.   VILAS HANAMANTARAO JOSHI
KARNATAKA
                           AGE: 53 YEARS, OCC: SERVICE,
                           R/O AISHWARYA NAGAR, VIJAYAPUR


                                                                ...RESPONDENTS

                      (BY SRI. MANVENDRA REDDY, ADVOCATE FOR R1)
                                 -2-
                                              NC: 2024:KHC-K:5264
                                          MFA No. 201176 of 2017




     THIS MFA FILED U/S. 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT PRAYING THAT THIS HON BLE
COURT MAY BE PLEASED TO ALLOW THE APPEAL BY
SETTING ASIDE THE JUDGMENT AND AWARD PASSED BY
THE IV ADDL. DIST. AND SESSIONS JUDGE AND MEMBER
MACT      XIII,    VIJAYAPUR   IN   MVC    NO.1219/2014    DATED
12.04.2016        AND   CONSEQUENTLY       DISMISS   THE   CLAIM
PETITION OR ALTERNATIVELY HOLD THE RESPONDENT
NO.1 INSURANCE COMPANY IS LIABLE TO PAY THE
COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS MFA COMING ON FOR FINAL HEARING, THIS DAY,

JUDGMENT WAS DELIVERED THERIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE UMESH M ADIGA


                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

The learned counsel for the appellant has filed a

memo dated 24.07.2024 seeking leave of this Court to

withdraw the appeal, on the ground that the matter was

settled between the parties before the Lod-Adalath held on

09.12.2023 in E.P.No.79 of 2020.

2. Memo is placed on record. In view of the

memo, the appeal is dismissed as withdrawn.

NC: 2024:KHC-K:5264

Whatever the amount deposited by the appellant

before the Tribunal shall be released in favour of the

appellant.

Sd/-

JUDGE

DH