The Second Appellate Court permitted the withdrawal of the appeal against the award of compensation in a motor vehicle accident case filed under Section 173(1) of the Motor Vehicles Act, 1988, without hearing.
The appeal was permitted to be withdrawn as sought by the appellants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2022
PRESENT
THE HON’BLE MR.JUSTICE K.SOMASHEKAR
AND
THE HON’BLE MR. JUSTICE C.M.JOSHI
MFA NO. 6449 OF 2019(MV)
BETWEEN
The appellants all are Permanent residents of Hemavathinagara Holenarasipura Town Hassan District – 573201.
The appellants presently Residing at Ward NO.5 P.K. Colony, 5th Cross K.R. Nagara Town Mysuru District – 571 602.
... Appellants
(By Sri. Srinivasa D.C. and Sri. Gireesha S.N. - Advocates)
AND
... Respondents
(By Sri. Ravi S. Samprathi – Advocate for R-3; Vide order dated 11.04.2022 – notice to R-1 and R-2 is dispensed with)
This MFA is filed u/s 173(1) of the Motor Vehicle Act – 1988, praying this Hon’ble court may be pleased to set aside the judgment and award passed by the Senior Civil Judge & MACT, Holenarasipura, in M.V.C.No.876/2017 dated 28.02.2019 awarding compensation of Rs.33,84,144/- with 9% interest per annum and further enhance the compensation as claimed originally by the appellants.
This MFA coming on for Orders this day, K Somashekar .J ., delivered the following:
J U D G M E N T
Learned counsel Sri.Gireesha S.N for appellants is
present before the Court and represents counsel Sri.Srinivasa D C who is on record. Learned counsel for respondent Nos.1 and 2 is on record inclusive of counsel for respondent No.3.
Whereas this appeal has been preferred by the appellants challenging the impugned judgment and award rendered by the Tribunal in MVC.No.876/2017. But counsel for appellants has filed a memo stating that appellants wish to withdraw the appeal as not pressed. The memo is placed on record. Consequently, appellants
are permitted to withdraw the appeal as sought for. Accordingly, ordered.
Sd/JUDGE
Sd/JUDGE
RJ
Smt. Gowramma
Sri. H.K. Manjunatha
Smt. Bangaramma
Smt. Jyothi Rodrigues
Sri. Raju D. Hallar
New India Assurance Co., Ltd.
K. Somashekar
C.M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
