Sri. Krishnamurthy S/O Shekharappa vs Mr. Harish Chandrappa M S/O Mari ...
2025 Latest Caselaw 5683 Kant

Karnataka High Court

Sri. Krishnamurthy S/O Shekharappa vs Mr. Harish Chandrappa M S/O Mari ... on 28 March, 2025

                                                   -1-
                                                              NC: 2025:KHC-D:5747
                                                          MFA No. 104881 of 2023




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                             DATED THIS THE 28TH DAY OF MARCH, 2025

                                                BEFORE
                             THE HON'BLE MR. JUSTICE UMESH M ADIGA

                       MISCELLANEOUS FIRST APPEAL NO. 104881 OF 2023 (MV-I)

                      BETWEEN:

                      SRI. KRISHNAMURTHY S/O. SHEKHARAPPA,
                      AGE 38 YEARS, OCC: HOTEL WORK (NOW NIL),
                      R/O. RAMESHWAR VILLAGE, YARAGANAL POST
                      IN NYMATHI TALUK, DISTRICT: DAVANAGERE,
                      NOW VAGESH NAGAR, 3RD CROSS,
                      RANEBENNUR, DIST. HAVERI, PIN: 581115.
                                                                       ...APPELLANT
                      (BY SRI. G. N. NARASAMMANAVAR, ADVOCATE)

                      AND:

                      1.   MR. HARISH CHANDRAPPA M. S/O. MARI KENCHAPPA,
                           AGE: MAJOR, OCC: BUSINESS,
                           R/O. MIG 179, NANDHI SHREE, KHB COLONY,
                           VINOBA NAGAR, SHIVAMOGGA-577204.

                      2.   THE LEGAL CLAIMS MANAGER,
                           CHOLAMANDALAM M. S. GENERAL INSURANCE
Digitally signed by
VISHAL NINGAPPA            CO.77/1, 1ST FLOOR, V.A.KALABURGI SQUARE,
PATTIHAL
Location: High             DESAI CROSS, DESHAPANDE NAGAR,
Court of Karnataka,
Dharwad Bench              HUBBALLI. PIN: 580023.
                                                                  ...RESPONDENTS
                      (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV. FOR R1
                          SRI. SUBHASH J. BADDI, ADV. FOR R2)

                            THIS MISCELLANEOUS FIRS APPEAL IS FILED U/SEC.173 (1)
                      OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE
                      COMPENSATION AWARDED BY THE II ADDL. SENIOR CIVIL JUDGE
                      AND AMACT RANEBENNUR IN MVC NO.1168/2019 DATED
                      12.12.2022, BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD
                      AND ALLOW THIS APPEAL WITH COST IN THE INTEREST OF JUSTICE
                      AND EQUITY.

                           THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                 -2-
                                             NC: 2025:KHC-D:5747
                                        MFA No. 104881 of 2023




                         ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

Advocate for appellant has filed memo of withdrawal

which reads as under:

"The appellant has filed this appeal for enhancement of

compensation awarded by the tribunal, in view of disposal

of appeal M.F.A. No. 102597/2023 on 27.03.2025, the

appellant does not intend to prosecute this appeal, hence

Hon'ble Court may kindly be pleased to dismiss the above

appeal as withdrawn in the interest of justice and equity."

In view of the said memo, the appeal is dismissed as

withdrawn.

Sd/-

(UMESH M ADIGA) JUDGE BVV /CT-AN