H Nagabushan vs Halappa M G
2024 Latest Caselaw 12403 Kant

Karnataka High Court

H Nagabushan vs Halappa M G on 4 June, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                                   -1-
                                                          NC: 2024:KHC:19065-DB
                                                          MFA No. 2046 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 4TH DAY OF JUNE, 2024

                                                PRESENT
                               THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                  AND
                           THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO.2046 OF 2017(MV-D)

                      BETWEEN:

                      1.    H. NAGABUSHAN,
                            NOW AGED 62 YEARS,
                            S/O. M. HANUMANTHAPPA,
                            EMPLOY IN D.C. OFFICE,
                            ROOM NO.49, DAVANGERE.

                      2.    H. HALAMMA,
                            NOW AGED 49 YEARS,
                            W/O. H. NAGABUSHAN

                      3.    N. VIJAY,
                            NOW AGED 26 YEARS,
Digitally signed by
                            S/O. H. NAGABUSHAN
AASEEFA PARVEEN
Location: HIGH
COURT OF
KARNATAKA
                            ALL ARE R/O. H NO.132/10,
                            NARASIMHA BADAVANI,
                            VINOBANAGAARA,
                            SHIVAMOGGA, PIN-577201
                                                                  ...APPELLANTS
                      (BY SRI. VISHWANATHA POOJARY K., ADVOCATE)

                      AND:

                      1.    HALAPPA M. G.,
                            NOW AGED 74 YEARS,
                            S/O. GIRIYAPPA
                            -2-
                                      NC: 2024:KHC:19065-DB
                                      MFA No. 2046 of 2017




     R/O HIREMALALI VILLAGE,
     CHANNAGIRI TALUK,
     DAVANAGERE DISTRICT,
     PIN-577 236.

2.   THE MANAGER
     UNITED INDIA INSURANCE CO.LTD.
     DIVISIONAL OFFICE,
     RUB BUILDING, B. H. ROAD,
     A. A. CIRCLE, SHIVAMOGGA,
     PIN-577 201.

3.   RAHAMMATHULLA,
     AGED MAJOR,
     S/O HUSASIN PEER,
     R/O NO.14/308, OPP.BANDA MASJID,
     HOSPITAL STREET, C. B. ROAD
     THADAPATHRI POST,
     ANANTHPUR DISTRICT,
     ANDRAPRADESH STATE
     PIN-500003.

4.   THE MANAGER,
     CHOLAMANDALAM GENERAL
     INSURANCE CO.LTD.,
     2ND FLOOR, DARA HOUSE,
     2NSC BOSE ROAD
     CHENNAI-600001
                                            ...RESPONDENTS
(BY SRI.PRASANNA V. R., ADVOCATE FOR R1;
SRI.ANUP     SEETHARAMA      RAO,     ADVOCATE         FOR
B.C.SEETHARAMA RAO, ADVOCATE FOR R2;
SRI.O.MAHESH, ADVOCATE FOR R-4 (VC);
R3-SERVICE OF NOTICE DISPENSED WITH V/O                DTD
23.08.2021)

     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.10.2016         PASSED IN
MVC NO.1127/2013 ON THE FILE OF THE 1ST ADDITIONAL
SENIOR    CIVIL  JUDGE    AND    ADDITIONAL    MACT-7,
                             -3-
                                       NC: 2024:KHC:19065-DB
                                       MFA No. 2046 of 2017




SHIVAMOGGA, DISMISSING          THE   CLAIM     PETITION    FOR
COMPENSATION.
     THIS   APPEAL,      COMING ON   FOR    ORDERS,
THIS       DAY,        K. SOMASHEKAR, J., DELIVERED
THE FOLLOWING:

                        JUDGMENT

This appeal is preferred by the appellants against the

judgment and award rendered by the Court below in MVC

No.1127/2013 and this proceeding has been clubbed with

the remaining proceedings which is indicated in the

judgment and award rendered by the Court below in a

common judgment.

2. Learned counsel namely Sri.Vishwanatha

Poojary.K for the appellants and Sri.B.C.Seetharama Rao

for respondent No.2 are present before the Court and

learned counsel Sri.O.Mahesh for respondent No.4 is

appearing through video conference. But the learned

counsel namely Sri.Prasanna.V.R is on record for

respondent No.1, but there is no representation either

through video conference or present before the Court.

NC: 2024:KHC:19065-DB

3. Learned counsel for the appellants has filed a

memo for withdrawal of this appeal.

4. Memo is placed on record.

5. Consequently, the appellants are permitted to

withdraw the appeal.

Accordingly, this appeal is dismissed as not

pressed.

Sd/-

JUDGE

Sd/-

JUDGE

NS CT:TSM