Smt. Alamelu vs Sri. Amir Jan
2024 Latest Caselaw 27112 Kant

Karnataka High Court

Smt. Alamelu vs Sri. Amir Jan on 12 November, 2024

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                                                           NC: 2024:KHC:45711
                                                       MFA No. 3673 of 2022




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                            BEFORE
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                    MISCELLANEOUS FIRST APPEAL NO.3673 OF 2022(MV-D)
                    BETWEEN:

                    1.    SMT. ALAMELU,
                          W/O. LATE VENKATESH,
                          AGED ABOUT 45 YEARS,

                    2.    VETRI VELU
                          S/O. LATE VENKATESH,
                          AGED ABOUT 25 YEARS,

                    3.    ANITHA,
                          D/O. LATE VENKATESH,
                          AGED ABOUT 24 YEARS,

                    4.    VINITHA,
                          D/O. LATE VENKATESH,
                          AGED ABOUT 23 YEARS,
Digitally signed by
AASEEFA             5.    MURUGAMMA,
PARVEEN                   W/O. LATE NATESH,
Location: HIGH            M/O. LATE VENKATESH,
COURT OF                  AGED ABOUT 70 YEARS,
KARNATAKA
                          ALL ARE RESIDING AT NO. 153,
                          BANDEPALYA, OPP. ANJANEYA
                          SWAMY TEMPLE, GARVEBHAVIPALYA,
                          BANGALORE-560 068.
                                                                ...APPELLANTS
                    (BY SRI. K. RAJASHEKAR,ADVOCATE)
                            -2-
                                        NC: 2024:KHC:45711
                                    MFA No. 3673 of 2022




AND:

1.   SRI. AMIR JAN
     S/O. ABDUL SATTAR,
     AGED ABOUT 52 YEARS,
     R/AT BADARIPURA VILLAGE,
     AND POST, ANEKAL TALUK,
     BENGALURU RURAL DISTRICT,
     BENGALURU.
     (OWNER OF GOODS TEMPO
     BEARING REG. NO. KA05795)

2.   SRI. ABDUL SUBAAN
     S/O. ABDUL SATTAR,
     AGED ABOUT 36 YEARS,
     R/AT KKM TENT HOUSE, ANEKAL TOWN,
     BENGALURU RURAL DISTRICT,
     BENGALURU.
     (DRIVER OF GOODS TEMPO
     BEARING REG. NO. KA-05-795)

3.   UNITED INDIA INSURANCE CO. LTD.,
     NO.2, HOSUR MAIN ROAD,
     MADIVALA, BENGALURU-560 068,
     POLICY NO. 071803/31/05/10459.
                                        ...RESPONDENTS
(BY SRI. MANJUNATHA H R.,ADVOCATE FOR R1 AND R2;
SRI. T. MOHAN KUMAR, ADVOCATE FOR R3(VC))

     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.03.2022 PASSED IN
MVC NO. 1787/2018 ON THE FILE OF THE IV ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, MOTOR VEHICLES
ACCIDENT CLAIMS TRIBUNAL, BENGALURU CITY (SCCH-6),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

    THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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                                              NC: 2024:KHC:45711
                                           MFA No. 3673 of 2022




                         ORAL JUDGMENT

Sri.Rajashekara.K learned counsel for the appellants files

memo seeking permission to withdraw the appeal.

Sri.Mohan Kumar.T. learned counsel for the respondent

No.3 appears through video conference.

Having considered the submission that is made by

Sri.Rajashekara.K learned counsel for the appellants that the

cause does not survive, permission as prayed for is accorded.

Thus, the appeal is dismissed as withdrawn.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

DS CT:TSM