Sri Shaik Anwar vs Smt Pushpa Latha Manjunath
2024 Latest Caselaw 22373 Kant

Karnataka High Court

Sri Shaik Anwar vs Smt Pushpa Latha Manjunath on 3 September, 2024

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                                                              NC: 2024:KHC:36015
                                                           MFA No. 5890 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                               BEFORE
                           THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 5890 OF 2023 (MV-D)

                      BETWEEN:

                      1.    SRI. SHAIK ANWAR,
                            S/O LATE ABDUL KHADAR,
                            AGED ABOUT 45 YEARS,
                            R/AT NO. 53B, 2ND ROSS,
                            BLOCK-2, SIGEBAGGI,
                            BHADRAVATHI TOWN,
                            SHIMOGA DISTRICT - 577 201.

                      2.    SRI. NOORULA,
                            AGED ABOUT 43 YEARS,
                            S/O LATE ABDUL KHADAR,
                            R/AT NO. 53B, SYED CCOLONY,
                            SIGEBAGGI, BHADRAVATHI TOWN,
Digitally signed by         SHIMOGA DISTRICT - 577 201.
AASEEFA PARVEEN
Location: HIGH
COURT OF              3.    SMT. MUMTAZ,
KARNATAKA
                            D/O LATE ABDUL KHADAR,
                            W/O SYED ISMAIL,
                            AGED ABOUT 41 YEARS,
                            R/AT NO. 330, BADDIHALLI,
                            GOKUL EXTENSION,
                            TUMKUR TOWN AND DIST - 576 201.

                      4.    SRI. SAMI ULLA,
                            S/O LATE ABDUL KHADAR,
                            AGED ABOUT 39 YEARS,
                            R/AT NO. 53A, SYED COLONY,
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                                     MFA No. 5890 of 2023




     SIGEBAGGI, BHADRAVATHI TOWN,
     SHIMOGA DISTRICT - 577 201.

5.   SMT. RESHMA BANU,
     D/O LATE ABDUL KHADAR,
     AGED ABOUT 37 YEARS,
     W/O KHALEEL,
     R/AT ITTIGEHALLI,
     TURUBEKERE TALUK,
     TUMKUR DIST - 576 201.

6.   SMT. RIHANA,
     D/O LATE ABDUAL KHADAR,
     W/O JABEE ULLA,
     AGED ABOUT 35 YEARS,
     R/AT OLD BADDIHALLI,
     KYATHASANDRA,
     TUMKUR TOWN AND DISTRICT - 576 201.

7.   SMT. SAHEERA BANU,
     D/O LATE ABDUL KHADAR,
     W/O SYED NASEER,
     AGED ABOUT 33 YEARS,
     R/AT BEHIND KANNADA SCHOOL,
     OLD BADDIHALLI, KYATHASANDRA,
     TUMKUR TOWN AND DISTRICT.

8.   SMT. RAZIYA,
     D/O LATE ABDUL KHADAR,
     AGED ABOUT 31 YEARS,
     W/O KHADAR SAB,
     R/AT BEHIND KANNADA SCHOOL,
     OLD BADDIHALLI, KYATHASANDRA,
     TUMKUR TOWN AND DISTRICT - 576 201.
                                            ...APPELLANTS
(BY SRI. M.V. MAHESWARAPPA, ADVOCATE)
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                                        MFA No. 5890 of 2023




AND:

1.   SMT. PUSHPA LATHA MANJUNATH,
     W/O LATE R.M. MANJUNATH,
     AGED ABOUT 58 YEARS,
     R/AT NO.7, 1ST ROSS,
     2ND MAIN, 3RD PHASE,
     J.P. NAGAR, BENGALURU - 560 078.

2.   THE MANAGER,
     ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
     SHIVAMOGGA DIST., SECOND FLOOR,
     SVR COMPLEX, HOSUR MAIN ROAD,
     BENGALURU - 560 068.
                                        ...RESPONDENTS
(BY SRI. P.S. JAGADISH, ADVOCATE FOR R2;
    R1 NOTICE DISPENSED WITH VIDE ORDER DATED
    30.08.2023)

       THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.06.2023 PASSED IN MVC
NO.5793/2018    ON THE FILE OF THE VII ADDITIONAL SMALL
CAUSES    JUDGE   AND   ACMM,     MOTOR   ACCIDENT   CLAIMS
TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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                                      MFA No. 5890 of 2023




                         ORAL JUDGMENT

Sri. M.V.Maheswarappa, learned counsel for the

appellants files a memo seeking permission to withdraw

the appeal.

Permission as prayed for is accorded.

Appeal is dismissed as withdrawn.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

VS

CT: BHK