IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.2535/2018 (MV) C/w MISCELLANEOUS FIRST APPEAL NO.2496/2018 (MV) In MFA No. 2535/2018 Between:
R. Manjunatha S/o. Rangappa Aged about 44 years R/at Uppalagere Village Ranganathapura Post Hiruyur Talluk Chitradurga Dist. ... Appellant (By Sri Ravindra M.R., Advocate) And:
1. Lohith S/o. Ranganatha Aged about 4 years Minor represented by his Natural guardian: Ranganatha S/o. Late Chandrappa Aged about 27 years Agriculturist R/at Doddakatte Village Hiriyur talluk Chitradurga Dist., 2. Branch Manager National Insurance Co. Ltd., 1st floor, Jagalooru Mahalingappa Tower above, HDFC Bank Ltd., B.D. Road P.B. No.94 Chitradurga. ... Respondents (By Smt. Spoorthy Hegde N, Adv. for R1) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the Judgment and award dated 21.12.2017 passed in MVC No.179/2016 on the file of the Senior Civil Judge & Additional MACT, Hiriyur, awarding compensation of Rs.17,300/- with 7.5% interest per annum from the date of petition till realization.
In MFA No. 2496/2018 Between:
R. Manjunatha S/o. Rangappa Aged about 44 years R/at Uppalagere Village Ranganathapura Post Hiruyur Talluk Chitradurga Dist PIN – 577 501. ... Appellant (By Sri Ravindra M.R., Advocate) And:
1. Yashodamma W/o. Late Chandrappa @ Chandranna Aged about 51 years House wife 2. Ranganatha S/o. Late Chandrappa @ Chandranna Aged about 26 years Agriculturist Both are R/at Doddakatte Village Hiriyur talluk Chitradurga Dist PIN – 577 501.
3. Branch Manager National Insurance Co. Ltd., 1st floor, Jagalooru Mahalingappa Tower Above, HDFC Bank Ltd., B.D. Road P.B. No. 94 Chitradurga PIN – 577 501. ... Respondents (By Smt. Spoorthy Hegde N, Adv. for R1 & R2 R-3 served ) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the Judgment and award dated 21.12.2017 passed in MVC No.178/2016 on the file of the Senior Civil Judge & Additional MACT, Hiriyur, awarding compensation of Rs.7,18,000/- with 7.5% interest per annum from the date of petition till realization.
These Appeals are coming on for orders this day, the Court delivered the following:
J U D G M E N T These two appeals are filed by the insurer challenging the judgment and award dated 21.12.2017 passed by the Court of Senior Civil Judge and Additional MACT, Hiriyuru in MVC Nos.178/2016 and 179/2016.
2. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents/claimants in the respective appeals.
3. Both the learned counsel submit that the parties to appeals have settled the matter out of Court and the amount has been paid to the claimants in the respective cases.
4. The learned counsel for the respondents/claimants submits that the matter has been settled as per the compromise entered between the parties.
5. The learned counsel appearing for the appellant has filed a memo reporting settlement and seeking refund of amount in deposit, for which the learned counsel for the respondents /claimants has no objection. The learned counsel accordingly seeks permission to withdraw the appeals.
Memo filed by the learned counsel for the appellant is placed on record. In view of the same, both the appeals are dismissed as withdrawn.
The amount in deposit shall be refunded to the appellant.
Sd/- JUDGE nms