THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS MISCELLANEOUS FIRST APPEAL NO.10722 OF 2011 (MV) BETWEEN:
SHIVAMMA W/O. GOVINDA SHIVA NAIK AGED ABOUT 52 YEARS RESIDENT OF GUDDINAKATTU VILLAGE HONAVARA TALUK KARAVARA DISTRICT NOW R/AT No.91, 5TH MAIN ROAD HARINAGAR, ANJANAPUR POST BANGALORE SOUTH ... APPELLANT (BY SRI HALESHA R.G., ADVOCATE) AND:
1. THE ADMINISTRATOR DILHI PUBLIC SCHOOL, 11TH K.M.KANAKAPURA MAIN ROAD KONANAKUNTE POST BANGALORE SOUTH 2. THE ICICI LOMBARD GENERAL INSURANCE CO., LTD. PRESTIGE CORNICHE, NO.62/1 2ND FLOOR, RICHMOND ROAD BANGALORE ... RESPONDENTS (R1 & R2 – SD) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED IN MVC No.2603/2009 DATED 03.01.2011 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL COURT OF SMALL CAUSES AT BANGALORE (SCCH-15) IN RESPECT OF JUSTICE AND REASONABLE AWARD IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T R.DEVDAS J., (ORAL):
Learned counsel for the appellant has filed a memo dated 25.03.2019 stating that the appeal filed by the insurer in MFA No.6889/2011 was remanded back to the tribunal and therefore, the present appeal does not survive for consideration.
2. The memo is taken on record, subject to all just exceptions. The Miscellaneous First Appeal is dismissed as withdrawn.
SD/- JUDGE KLV