IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.939/2013 (MV) BETWEEN:
PARAMESH NAIKA S/O HANUMA NAIKA, AGED ABOUT 39 YEARS, R/O ALOORHATTI, VILALGE, MELUKOTE POST, DAVANAGERE TQ:DIST:
OWNER OF THE VEHICLE, REG.NO.KA-02/8696.
... APPELLANT (BY SRI M R HIREMATHAD, ADV.) AND 1. K M SHANTHAVERI S/O KALLU MEGAHARAJ, AGED ABOUT 27 YEARS, WORKING IN DCC BANK, RESIDING AT NO.1, ADARSHA COLONY, KUNCHAPPA LAY-OUT, VINOBANAGARA, SHIVAMOGGA.
2. G DEEKSHITHKUMAR S/O ONKAR NAIKA, AGED ABOUT 23 YEARS, R/O KAMBALA-GRAMA-CAMP, NEAR BAPUJI HOSPITAL, DAVANAGERE CITY, DRIVER OF THE TT AMBULANCE, BEARING REG. NO:KA-02/8696, 3. IPCO-TORIO GENERAL INSURANCE CO.LTD.
ITGI SMART, G.K.BUSINESS, NO:41, 2ND FLOOR, NEXT TO NANDA MOTORS, KRISHNA COMPLEX, LEVEL ROD, BANGALORE-560001 ... RESPONDENTS (BY SRI.K T GURUDEVA PRASAD FOR R1 SRI.B PRADEEP, ADV. FOR R3 NOTICE TO R2 IDSPENSED WITH) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.11.2012 PASSED IN MVC NO.358/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT-6, SHIVAMOGGA, AWARDING A COMPENSATION OF RS.1,31,060/- WITH INTEREST @ 6% P.A.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the owner of the offending vehicle challenging the judgment and award passed by the Tribunal.
2. The learned counsel for the appellant submits that appellant-owner of the offending vehicle and respondent No.1-claimant have settled the matter amicably before the Tribunal in Ex.Petition.No.41/2014 and therefore he requests the court to dismiss the appeal as withdrawn with a prayer for refund of statutory deposit of Rs.25,000/- deposited by the appellant in the above appeal in favour of the appellant and a memo is filed in this regard.
3. The memo is placed on record.
4. Sri.K.T.Gurudeva Prasad, learned counsel for the claimant concedes the submission made by the learned counsel for the appellant.
5. Accordingly, the appeal is dismissed as withdrawn.
6. Registry is directed to refund the statutory deposit deposited by the appellant while preferring the appeal with interest, if any, accrued thereon in favour of the appellant.
SD/- JUDGE DM