IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.4496/2013 (MV) BETWEEN :
H.B.HANUMANTHAPPA S/O HANUMANTHAPPA, AGED 67 YEARS R/O HARAMAGHATTA VILLAGE, SHIMOGA TALUK-577301.
(BY SRI B.R.PRASANNA, ADV.) AND :
1 . VEERESH S/O SHEKARAPPA, AGED 28 YEARS, AGRICULTURIST R/O VEERANNA BENAVALLI VILLAGE, SHIMOGA TALUK-577301 ...APPELLANT 2 . RAJU S/O HANUMANTHAPPA, AGED 30 YEARS, TRACTOR DRIVER, R/O VEERANNANA BENAVALLI VILLAGE, SHIMOGA TALUK-577301 3 . UNITED INDIA INSURANCE CO. LTD., II FLOOR, RUB BUILDING, A.A. CIRCLE, SHIMOGA-577301.
…RESPONDENTS (BY SMT.MANJULADEVI R. KAMADOLLI, ADV. FOR R-1; SRI A.M.VENKATESH, ADV. FOR R-3;
APPEAL ABATED AGAINST R-2 VIDE ORDER DATED 09.10.2019) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2013 PASSED IN MVC No.1074/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, SHIMOGA, AWARDING A COMPENSATION OF RS.70,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the Respondent No.1 has filed memo dated 18.10.2019 to the following effect:
“The Advocate for the respondent No.1 states as follows:-
In this case the Appellant who is the owner of the vehicle has settled the matter out of the court with the respondent No.1 who is the claimant in this case. Hence this case may kindly be disposed of and the amount in deposit may kindly be transferred to the Tribunal in the interest of justice and equity.”
2. Memo is taken on record.
3. Learned counsel for the Appellant has no objection to dispose of the appeal taking memo on record.
4. The Miscellaneous First Appeal is disposed of as having become infructous.
5. The amount in deposit be transferred to the concerned Tribunal.
Sd/- JUDGE DL