1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE E.S.INDIRESH

MISCELLANEOUS FIRST APPEAL NO.8480 OF 2010

BETWEEN:

1. SMT. MUNIYAMMA

W/O LATE P. VENKATESHAPPA,

AGE: 50 YEARS,

R/O 4TH CROSS

PALASANDRA LAYOUT-563 131.

2. SRI P V MURALI MANOHAR

S/O LATE P. VENKATESHAPPA,

AGE: 38 YEARS.

3. SRI P V MURALIKUMAR

S/O LATE P. VENKATESHAPPA,

AGE: 36 YEARS.

4. SMT P V JYOTHI

D/O LATE P. VENKATESHAPPA,

W/O SRI N VENKAT,

AGE: 34 YEARS.

APPELLANTS NO. 2 TO 4 ARE

RESIDING AT NO. 493,

LINGANNA COMPLEX,

NEAR DARGA, GOWRIBIDANUR,

CHIKKABALLAPUR DISTRICT-561 208.

... APPELLANTS

(BY SRI N. VENKATESH, ADVOCATE FOR A4;

SRI. RAJ PRABHU, ADVOCATE FOR A1 TO A3)

AND:

2

1. SALEH BIN OSMAN IMANI,

S/O OSMAN BIN SALEH IMANI,

LORRY OWNER NO.16-11-67/A/66/15,

SALAIAH BARKAS,

HYDERBAD CITY,

ANDHRA PRADESH

HOLDER OF THE LORRY BEARING

REGISTERATION NO. AP-05-X-1559

2. THE ORIENTAL INSURANCE

COMPANY LIMITED

REGIONAL OFFICE,

LEO SHOPPING COMPLEX

NO.44/45, RESIDENCY ROAD,

BENGALURU.

3. SMT LALITHAMMA

W/O LATE P. VENKATESHAPPA,

AGED: 43 YEARS.`

4. KUM BHAVANI

D/O LATE P. VENKATESHAPPA,

AGE: 15 YEARS.

5. MASTER GAGAN

S/O LATE P. VENKATESHAPPA,

AGE: 12 YEARS.

RESPONDENTS 4 & 5 ARE MINOR

REPRESENTED BY THEIR MOTHER

NATURAL GUARDIAN RESPONDENT NO.3

SMT LALITHAMMA

RESPONDENTS 3 TO 5 ARE

RESIDING AT

DOOR NO.1996, 1ST CROSS 4TH MAIN,

L.B SHASTRI NAGAR,

H A L POST,

BENGALURU-560 017.

... RESPONDENTS

3

(VIDE ORDER DATED 04.12.2014 APPEAL AGAIST R1

STANDS DISMISSED;

BY SRI. B.S. UMESH, ADVOCATE FOR R2;

SRI. H. PAVANACHANDRA SHETTY, ADVOCATE FOR R3;

R4 AND R5 ARE MINORS REP. BY R3.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988

AGAINST THE JUDGMENT & AWARD DATED 21^ST APRIL,

2010 PASSED IN M.V.C NO.7251 OF 2006 ON THE FILE OF

THE IX ADDITIONAL SENIOR CIVIL JUDGE, MEMBER,

MOTOR ACCIDENT CLAIMS TRIBUNAL-7, COURT OF SMALL

CAUSES, BENGALURU PARTLY ALLOWING THE CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

THIS M.F.A COMING ON FOR ORDERS THIS DAY, THE

COURT, DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel appearing for the appellant has filed

memo dated 09.11.2021 seeking to withdrawal the appeal.

Memo is taken on record.

Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE

ARK