Dismissed¶31

Anwara Begum v. the Manager

Karnataka HC19 Feb 2025MFA/6988/2024

Case brief

AI extract

What is this about?

Appeal dismissed as withdrawn; withdrawal of mistakenly filed duplicate MFA as not pressed where M.F.A.No.5321/2024 arising out of the same judgment already pending; enhancement of motor accident compensation under S.173(1) MV Act; MVC No. 2876/2019, MACT XVIII Additional Judge, Court of Small Causes, Bengaluru City (SCCH-4); award dated 06.01.2024; Anwara Begum and others v. HDFC Ergo General Insurance Co. Ltd. and others; High Court of Karnataka; C.M. Poonacha J; NC: 2025:KHC:8011.

What did the court decide?

Permission to withdraw the appeal as not pressed; appeal dismissed as withdrawn; pending interlocutory applications do not survive for consideration. ¶31

Anwara Begum Vs the Manager — Motor Accident Claims | Karnataka HC (2025)

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1 - NC: 2025:KHC:8011 MFA No. 6988 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6988 OF 2024 (MV-D)

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BETWEEN:

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ANWARA BEGUM

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D/O LATE GULAM YASIN, AGED ABOUT 29 YEARS,

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ASHRAF JAHANGIR, S/O LATE GULAM YASIN, AGED ABOUT 27 YEARS,

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SABNAM BGUM, D/O LATE GULAM YASIN, AGED ABOUT 26 YEARS, ALL ARE R/AT NO. 18/633, BANDE ROAD, KOGILU LAYOUT, BENGALURU NORTH, YELAHANKA, BENGALURU - 560064.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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(BY SRI. VIJAY KUMAR T.,ADVOCATE)

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AND:

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THE MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., NO.14, 1ST FLOOR, HM GENEVA HOUSE, NEXT TO FORITS HOSPITAL, CUNNINGHAM ROAD BENGALURU - 560052.

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APPELLANTS

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M/S SAI SURYA CONCRETE, BY ITS MANAGING DIRECTOR, NO.31, 2ND FLOOR, REVA COLLEGE ROAD, ITTIGE FACTORY,

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2 - NC: 2025:KHC:8011 MFA No. 6988 of 2024

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KOGILU LAYOUT, BENGALURU - 560064.

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SHANKARAPPA, AGED ABOUT 50 YEARS, R/AT NO.19, AK COLONY, DODDANEKKUNDI, BENGALURU - 560047.

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SRI. MANJUNATH, S/O NARAYAN SWAMY, AGED MAJOR, R/AT NO.19, AK COLONY, DODDANEKKUNDI, BENGALURU - 560047.

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RESPONDENTS

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.01.2024 PASSED IN MVC NO. 2876/2019 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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Learned counsel for the appellants has filed a memo which reads as follows:

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“The undersigned counsel appearing for the appellants respectfully submits that, the appellants have filed an appeal in M.F.A.No.5321/2024 on the arising out of same judgment passed by the Tribunal, which is pending for consideration, despite the appellants preferred the above appeal by mistakenly, but not an intentional. Hence, this

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3 - NC: 2025:KHC:8011 MFA No. 6988 of 2024

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Hon’ble Court may kindly be pleased to permit the appellants to withdrawal the above appeal as not pressed and this Hon’ble Court may kindly be dismiss the above appeal as not pressed, in the ends of justice.”

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