Geetha Naik vs K Chandrakara Kamath
2025 Latest Caselaw 868 Kant

Karnataka High Court

Geetha Naik vs K Chandrakara Kamath on 9 July, 2025

                                         -1-
                                                   NC: 2025:KHC:25183
                                                 MFA No. 1345 of 2018


             HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 9TH DAY OF JULY, 2025

                                        BEFORE
                      THE HON'BLE MR. JUSTICE C.M. POONACHA
            MISCELLANEOUS FIRST APPEAL NO. 1345 OF 2018 (MV-D)
            BETWEEN:

            1.   GEETHA NAIK
                 AGED ABOUT 45 YEARS,
                 W/O LATE RAMA NAIK

            2.   GANESH NAIK
                 AGED ABOUT 23 YEARS,
                 S/O LATE RAMA NAIK

                 BOTH ARE R/AT GUDDE HOUSE
                 5 CENTS DARKAS,
                 INNA VILLAGE AND POST
                 KARKALA TALUK - 576 121
                                                          ...APPELLANTS
            (BY MS. SWATHI HEGDE, ADVOCATE FOR
               SRI. PAVAN CHANDRA SHETTY H,ADVOCATE)

            AND:
Digitally   1.   K CHANDRAKARA KAMATH
signed by
                 @ K C KAMATH
NIRMALA
DEVI             AGED ABOUT 63 YEARS,
                 S/O SRI ANANDA KAMATH
Location:        R/AT KAMATH BUILDING
HIGH             KANJARAKATTE SANTHOOR POST
COURT OF         INNA VILLAGE
KARNATAKA
                 KARKALA TALUK-575104

            2.   THE BRANCH MANAGER
                 NATIONAL INSURANCE CO LTD
                 MOODABIDRI BRANCH
                 1ST FLOOR, NITHYANANDA COMPLEX
                 MOODABIDRI, MANGALURU TALUK-575104
                                                         ...RESPONDENTS
            (BY SRI. A N KRISHNASWAMY, ADVOCATE FOR R2
                                      -2-
                                                   NC: 2025:KHC:25183
                                                MFA No. 1345 of 2018


 HC-KAR



NOTICE TO R1 IS DISPENSED WITH V/O DTD 2.2.2024)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06/03/2017,     PASSED IN MVC
NO.232/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
AMACT., KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
AND ETC.

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

CORAM:        HON'BLE MR. JUSTICE C.M. POONACHA

                              ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

which states as follows:

The Appellant counsel herewith submits that, since the Insurance Appeal was remanded to the trial court in connected matter. This above appeal not survive for the time being. However the appellant seeks liberty to participate in the Trial Court as well as seeking liberty to approach this court after disposal before the trial Court. Hence this memo in the interest of justice and equity.

2. In view of the memo dated 09.07.2025, present

appeal is dismissed as withdrawn with liberty as

aforementioned.

Sd/-

(C.M. POONACHA) JUDGE