This Miscellaneous First Appeal against a Motor Vehicles Tribunal award was dismissed because the appellant filed a memo seeking permission to withdraw the appeal, and the Court permitted the withdrawal.
Permission to withdraw the appeal was granted, and the appeal was dismissed as withdrawn.
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 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 2541 OF 2022 (MV)
BETWEEN:
PRAKRITHI D/O SUNDARA U AGED ABOUT 24 YEARS R/AT CHANDU NILAYA, 4TH CROSS NAYAMPALLI, SANTHEKATTE POST KALYANAPURA, UDUPI TALUK UDUPI DISTRICT- 576 105.
…APPELLANT
(BY SRI. PRATHEEP K C., ADVOCATE)
AND:
W/O MICHAEL LOBO
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
MAJOR, R/AT H.No.5-104 CHANDRAKATI CUSTOM ROAD PADUVALI, BYNDOOR KUNDAPURA TALUK UDUPI DISTRICT - 576 201.
UDUPI TALUK, UDUPI - 576 101.
NC: 2023:KHC:38768 MFA No. 2541 of 2022
R/O 6-1-46B, KARAKADA COMPOUND OPP.BUNTS HOSTEL, 76 BADAGUBETTU UDUPI TALUK, UDUPI DISTRICT - 576 101.
…RESPONDENTS
(BY SRI. RAVISH BENNI., ADVOCATE FOR R2: NOTICE TO R1 & R3 IS DISPENSED WITH V/O DATED: 02.11.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.08.2021 PASSED IN MVC NO. 77/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
The learned counsel for the appellant has filed a memo dated 02.11.2023 stating that the appellant seeks permission of this Court to withdraw the appeal as not pressed on the ground that the appeal preferred by the insurer in MFA No.135/2022 arising out of the very same judgment and award of the Tribunal, has been disposed of on 23.8.2023 .
The memo is placed on record.
Accordingly, the appeal is dismissed as
withdrawn.
Sd/JUDGE
DM List No.: 1 Sl No.: 27
PRAKRITHI D/O SUNDARA U
RITA LOBO
THE DIVISIONAL MANAGER DIVISIONAL OFFICE UNITED INDIA INSURANCE CO. LTD.
ANUSHA RAHIL PETER AMMANNA S/O ISAK SANTHOSH KUMA MAJOR
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
