Appeal against a motor accident compensation award challenging a 50% contributory negligence finding; appellants filed a memo of withdrawal as an identical appeal (MFA No.102856/2023) was already pending, filed by oversight.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 103586 OF 2024
BETWEEN:
…APPELLANTS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYS TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.07.2022, PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE & MEMBER, MACT, JAMKHANDI IN MVC NO.280/2021 TO THE EXTENT OF 50% CONTRIBUTORY NEGLIGENCE ON THE PART OF THE DECEASED DHAREPPA AND MODIFY BY ENHANCING THE COMPENSATION AS PRAYED FOR, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Learned counsel for the appellants files a memo seeking withdrawal of the appeal. Memo reads thus:
“ It is submitted that the above appeal is field challenging judgment and award passed in MVC 280/2021. It is submitted that already appeal is find challenging the same judgment and award and the same is numbered as MFA No.102856/2023, the same is pending for consideration. Through over sight the present appeal is filed. Hence the Appellants seek to withdraw the present appeal and to prosecute MFA No.102856/2023 which is pending. Hence, this memo for withdrawal.”
In view of the memo, the appeal is dismissed as withdrawn. As a consequence, I.A.1/2024 does not survive for consideration.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
kmv
CT:ANB
1 provisions across 1 enactments
Sri Jinnapa S/o Shivappa Jamkhandi
Smt Geeta W/o Jinnappa Jamkhandi
Sri Mayappa S/o Nagappa Pujari
The Branch Manager, ICICI Lombard General Insurance Co. Ltd.
Shivashankar AmaranNavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
