Sri Arun C vs Sri Ali Tazath
2025 Latest Caselaw 3357 Kant

Karnataka High Court

Sri Arun C vs Sri Ali Tazath on 13 August, 2025

                                                    -1-
                                                               NC: 2025:KHC:31334-DB
                                                               MFA No. 8772 of 2023


                        HC-KAR



                              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 13TH DAY OF AUGUST, 2025

                                                  PRESENT
                                    THE HON'BLE MR. JUSTICE D K SINGH
                                                    AND
                                 THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                            MISCELLANEOUS FIRST APPEAL NO.8772 OF 2023 (MV-I)
                       BETWEEN:

                             SRI ARUN C.
                             S/O. CHINNAPPA B.
                             AGED ABOUT 32 YEARS
                             RESIDING AT NADANAHALLI VILLAGE
                             KASABA HOBLI, H.D. KOTE TALUK
                             MYSURU DISTRICT.
                                                                         ...APPELLANT
                             (BY SRI SYED ABDUL SABOOR, ADVOCATE)

                       AND:

                       1.    SRI ALI TAZATH
                             S/O. HAMEETH TAZATH
                             AGED ABOUT 39 YEARS
Digitally signed by
                             RESIDING AT RIZWAN MANZIL
MOUNESHWARAPPA
NAGARATHNA                   NEAR THE GATE POST OFFICE OF
Location: High Court
of Karnataka
                             GOPAL PETTA TEMPLE, TALACHARI KANNUR
                             KERALA STATE.

                       2.    THE MANAGER
                             ORIENTAL INSURANCE CO. LTD.
                             MUSLIM BUILDING
                             OPPOSITE TO FIRE BRIGADE
                             I MAIN, SARASWATHIPURAM
                             MYSURU-570 009.
                                                                      ...RESPONDENTS
                             (BY SRI H.C. VRUSHABENDRAIAH, ADVOCATE, FOR R-1, AND
                                 VIDE ORDER DATED 22-10-2024, NOTICE TO R-1
                                 IS DISPENSED WITH)
                                   -2-
                                                 NC: 2025:KHC:31334-DB
                                                 MFA No. 8772 of 2023


HC-KAR



     THIS    MISCELLANEOUS    FIRST           APPEAL    IS    FILED     UNDER
SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND
AWARD DATED 19-7-2023 PASSED IN M.V.C. NO.176 OF 2019 ON
THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND M.A.C.T.,
MYSURU,     PARTLY    ALLOWING          THE     CLAIM        PETITION     FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:      HON'BLE MR. JUSTICE D K SINGH
            AND
            HON'BLE MR. JUSTICE VENKATESH NAIK T


                        ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

The appellant/claimant has filed this appeal being

aggrieved by the judgment and award dated 19-7-2023 passed

in M.V.C. No.176 of 2019 on the file of the II Additional District

Judge and Motor Accidents Claims Tribunal, Mysuru.

2. Learned counsel for the appellant appears through

video-conference and submits that he has filed a memo for

withdrawal of the appeal.

3. The contents of the memo read as under:

NC: 2025:KHC:31334-DB

HC-KAR

"MEMO FOR WITHDRAWAL The undersigned advocate for appellant seeking permission before this honourable court to withdraw the above appeal as not pressed. Hence, prays this honourable court to dismiss the above appeal as withdrawn by allowing the memo in the interest of justice."

4. In view of the memo and supporting submission, the

appeal stands dismissed as withdrawn.

In view of the withdrawal of the appeal, I.A. No.1 of 2023

does not survive and it is also dismissed.

Sd/-

(D K SINGH) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

KVK