Smt. Laxmi W/O Late Laxman Gopal Naik vs Naga @ Nagaraja (Major)
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Karnataka High Court

Smt. Laxmi W/O Late Laxman Gopal Naik vs Naga @ Nagaraja (Major) on 15 October, 2025

                                                       -1-
                                                                  NC: 2025:KHC-D:13871
                                                                MFA No. 100442 of 2018


                           HC-KAR




                          IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                                DATED THIS THE 15TH DAY OF OCTOBER 2025
                                                  BEFORE
                          THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 100442 OF 2018 (MV-D)


                           BETWEEN:

                           1.    SMT. LAXMI
                                 W/O. LATE LAXMAN GOPAL NAIK,
                                 AGE: 41 YEARS,
                                 OCC: HOUSEWIFE,

                           2.    KUMARI SAVITHA
                                 D/O. LATE LAXMAN GOPAL NAIK,
                                 AGE: 28 YEARS,
                                 OCC: NOT KNOWN,

                           3.    RAGHAVENDRA
                                 S/O. LATE LAXMAN GOPAL NAIK,
GIRIJA A.                        AGE: 26 YEARS,
BYAHATTI
                                 OCC: NOT KNOWN,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA                  4.    SANDEEP
DHARWAD BENCH
DHARWAD
                                 S/O. LATE LAXMAN GOPAL NAIK,
                                 AGE: 19 YEARS,
                                 OCC: NOT KNOWN,

                                 ALL ARE PERMANENT RESIDENT OF
                                 GANDHI NAGAR, HEBLE,
                                 BHATKAL TALUK-581320,
                                 U.K. DISTRICT.
                                                                           ...APPELLANTS
                           (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
                               -2-
                                           NC: 2025:KHC-D:13871
                                      MFA No. 100442 of 2018


HC-KAR




AND:

1.    NAGA @ NAGARAJA (MAJOR)
      S/O SIPAYI SUBRAYA KHARVI,
      R/O: NEAR AMBIKA TEMPLE,
      GANGOLLI, KUNDAPUR TALUK,
      UDUPI DISTRICT-576201.

2.    THE NEW INDIA ASSURANCE CO. LTD.,
      KUNDAPURA BRANCH,
      PUSHPA BUILDING,
      MAIN ROAD, KUNDAPURA-576201,
      REP. BY ITS BRANCH MANAGER.
                                                  ...RESPONDENTS

(BY SRI. R.R. MANE, ADVOCATE FOR R2;
    NOTICE TO R1 IS SERVED)


       THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT
AND    DECREE    DATED   15/03/2014   IN    M.V.C.   NO.116/2012
PASSED BY THE COURT OF ADDITIONAL MACT., HONAVAR,
[ITINERARY      COURT    AT   BHATKAL]      AND      AWARD   THE
COMPENSATION AS CLAIMED IN CLAIM PETITION IN THE
INTEREST OF JUSTICE AND EQUITY AND etc.,


       THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -3-
                                           NC: 2025:KHC-D:13871
                                         MFA No. 100442 of 2018


 HC-KAR




CORAM:       THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                        ORAL JUDGMENT

(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

Sri. P. G. Chikkanaragund, learned counsel for the

appellants seeks permission to withdraw the appeal. Memo

filed to the effect is also on record.

Permission as prayed for is accorded.

Appeal is therefore dismissed as withdrawn and

consequently IA No.1/2018 is also dismissed.

Sd/-

(CHILLAKUR SUMALATHA) JUDGE

gab CT-MCK