IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.7904/2017 (MV) Between:
The Branch Manager, ICICI Lombard GIC Ltd, Zenith House, Keshavarao Khade Marg, Mahalaxmi, Mumbai, Maharastra State. Now reptd by Regional Manager, ICICI Lombard General Insurance Co Ltd, 9th Floor, The Estate 121, Dickenson Road, M.G. Road, Bengaluru – 560 042.
(By Sri A.N.Krishna Swamy, Advocate) And:
1. Sri Gangaraju @ Gangarajappa, S/o Thimappa, Aged About 57 Years, 2. Smt Shanthamma, W/o Gangaraju @ Gangarajappa, Aged about 53 years, Both are R/at Narasapura Village, D.Palya Hobli, Gowribidanur Taluk – 561 208.
... Appellant 3. Sri. Balakrishna, S/o Narashivappa, Aged about 36 years, R/at Narasapura Village, D.Palya Hobli, Gowribidanur Taluk – 561 208.
4. Sri. G.N. Chikkanarayaappa Rurrappa, 45 years, R/at Narasapura Village, D.Palya, Hobli, Gowribidanur Taluk – 561 208.
5. Sri. Subbarayappa, S/o Venkatarayappa, Major, R/at Kamaravaripalli Village, Neeragantapalli Post, Bagepalli Tq, Chickballapur Dist – 562 101.
... Respondents This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the Judgment and Award dated 22.10.2013 passed in MVC No.54/2012 on the file of the Senior Civil Judge, & CJM, Member, Additional MACT, Chickballapur, awarding compensation of Rs.2,59,000/- with interest @ 6% p.a. from the date of petition till realization.
This Appeal coming on for Orders, this day, the Court delivered the following:
J U D G M E N T The learned counsel for the appellant has filed a memo dated 25.03.2019 seeking permission to withdraw the appeal. It is submitted that the appeal filed by the claimant in MFA No.830/2014 has already been allowed and in view of the same, this appeal does not survive for consideration.
The appeal stands dismissed as having become infructuous.
The amount in deposit shall be transmitted to the tribunal.
sd/- JUDGE DS