Smt Kamalavva W/O Puttanagoudra Alias ... vs Mahammad Ismail S/O Modinkhan Pathan
2024 Latest Caselaw 22149 Kant

Karnataka High Court

Smt Kamalavva W/O Puttanagoudra Alias ... vs Mahammad Ismail S/O Modinkhan Pathan on 2 September, 2024

Author: Krishna S.Dixit

Bench: Krishna S.Dixit

                                         -1-
                                                NC: 2024:KHC-D:12563-DB
                                                MFA No. 100977 of 2024




                         IN THE HIGH COURT OF KARNATAKA,

                                 DHARWAD BENCH

                    DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                      PRESENT
                     THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
                                        AND
                    THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

             MISCELLANEOUS FIRST APPEAL NO. 100977 OF 2024 (MV-D)

             BETWEEN:

             SMT KAMALAVVA W/O. PUTTANAGOUDRA ALIAS
             PUTTANGOUDA KAREGOUDARA ALIAS PATIL,
             AGE. 50 YEARS, OCC. HOUSEHOLD WORK,
             R/O. VARDI, TQ. HANGALLA,
             NOW AT BHARATI NAGAR, HAVERI, DIST. HAVERI.
                                                            ...APPELLANT
             (BY SRI. SANTOSH APPASAB BIRANAGI, ADVOCATE)

             AND:

             1.   MAHAMMAD ISMAIL S/O. MODINKHAN PATHAN,
                  AGE. MAJOR, OCC.OWNER OF MOTOR CYCLE,
Digitally         R/O. KOLUR, TQ. DIST. HAVERI-581110.
signed by
JAGADISH
TR
Location:    2.   THE DIVISIONAL MANAGER,
High Court
of                THE UNITED INDIA INSURANCE COMPANY LIMITED,
Karnataka,
Dharwad
Bench
                  R.G.MOKTALI BUILDING, HANGALLA ROAD,
                  OPP.K.S.R.T.C. BUS STAND, HAVERI
                  TQ. DIST. HAVERI-5811101.
                                                          ...RESPONDENTS

                  THIS MFA IS FILED U/S. 173 (1) OF MOTOR VEHICLES ACT,
             1988, AGAINST THE JUDGMENT AND AWARD DATED 06.06.2019
             PASSED IN MVC NO.1344/2017 ON THE FILE OF THE MOTOR
             ACCIDENT CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIIL JUDGE,
             HAVERI,  PARTLY   ALLOWING    THE    CLAIM  PETITION  FOR
             COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

                  THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
             WAS MADE THEREIN AS UNDER:
                              -2-
                                     NC: 2024:KHC-D:12563-DB
                                     MFA No. 100977 of 2024




CORAM:   THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
          AND
          THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

                        ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

Learned counsel for the appellant has filed memo

seeking withdrawal of the appeal.

Memo reads as under:

"It is submitted that the present appeal is filed challenging the order passed in MVC.no.1344/2017 for the enhancement of the award passed by the MACT and Prl Senior Civil Judge, Haveri dated 06.06.2019. It is pertinent to mention here that the other appeal is filed before this Hon'ble Court for the same cause of action.

It is pertinent to mention here that the appellant herein has approached me with suppressing the fact that the appeal MFA No.103625/2022 has already filed before this Hon'ble Court and approached me to file another appeal, recently I came to know that MFA No.103625/2022 has already filed on the same cause of action. Hence, I seek leave of this Hon'ble Court to withdraw the aforesaid appeal. Hence, this memo."

NC: 2024:KHC-D:12563-DB

In view of the above said memo, appeal is dismissed

as withdrawn.

Sd/-

(KRISHNA S.DIXIT) JUDGE

Sd/-

(VIJAYKUMAR A.PATIL) JUDGE

RH/ct-an