Prabhavathi K vs Ashok Jelendren Pillayi @ Ashok Pillayi
2024 Latest Caselaw 18756 Kant

Karnataka High Court

Prabhavathi K vs Ashok Jelendren Pillayi @ Ashok Pillayi on 26 July, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                 -1-
                                                              NC: 2024:KHC:29503
                                                            MFA No. 1229 of 2024




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 26TH DAY OF JULY, 2024
                                                BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN
                        MISCELLANEOUS FIRST APPEAL NO. 1229 OF 2024 (MV-D)

                   BETWEEN:
                          PRABHAVATHI K
                          AGED ABOUT 35 YEARS
                          (SINCE DECEASED)

                   1.     KRISHNA.S.M
                          AGED ABOUT 47 YEARS
                          S/O LATE MANJUNATHA ACHARYA
                          NEAR GURUNARASIMA TEMPLE
                          SALIGRAMA, CHITRAPADY
                          VILLAGE AND POST
                          BRAHMAVARA TLAUK
                          UDUPI DISTRICT

                   2.     SATYAVATHI
                          AGED ABOUT 72 YEARS
                          W/O LATE NARAYANA ACHARYA
                          NEAR HALADY ROD,
Digitally signed          KOTESHWARA BYPASS
by
MARIGANGAIAH              KOTESHWARA VILLAGE AND POST
PREMAKUMARI               KUNDAPURA TALUK
Location: HIGH                                                      ...APPELLANTS
COURT OF
KARNATAKA
                   (BY SRI..K.PRASANNA SHETTY., ADVOCATE)

                   AND:
                   1.     ASHOK JELENDREN PILLAYI @ ASHOK PILLAYI
                          MAJOR
                          S/O JELENDREN ALIAS JELENDREN PILLAYI
                          @ JALENDRAN KUNJU PILLAYI
                          CHAWAN COMPLEX, NO.3
                          PRATHAMESH COLONY
                          NEAR HOLY FAMILY SCHOOL
                                   -2-
                                                  NC: 2024:KHC:29503
                                                MFA No. 1229 of 2024




      VIDYANAGAR, KARAD TALUK
      SATHRA DISTRICT
      MAHARASHTRA STATE-415124.

2.    HDFC ERGO GENERAL INSURNCE CO. LTD.,
      DIVISIONAL MANAGER
      DIVISIONAL OFFICE
      ONYX, 4TH FLOOR
      NORTH MAIN ROAD,
      NEXT TO WESTIN HOTEL
      KOREGAON PARK, PUNE
      MAHARASHTRA-411 001.
                                                         ...RESPONDENTS

       THIS    MISCELLANEOUS      FIRST   APPEAL    IS    FILED    UNDER

SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD

DATED 12.04.2023 PASSED IN MVC NO.961/2020 ON THE FILE OF

THE    SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA,

PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION

SEEKING ENHANCEMENT OF COMPENSATION.


       THIS    APPEAL,   COMING    ON     FOR    ORDERS,    THIS    DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:        HON'BLE MR JUSTICE K.NATARAJAN


                         ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

for withdrawal of the appeal.

2. Memo is placed on record.

NC: 2024:KHC:29503

3. Appeal is dismissed as withdrawn.

4. In view of dismissal of the appeal,

I.A.No.1/2024 does not survive for consideration. Hence,

I.A.No.1/2024 stands dismissed.

Sd/-

(K.NATARAJAN) JUDGE

NC