IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA MISCELLANEOUS FIRST APPEAL NO.6135 OF 2019 (ECA) BETWEEN:
THE MANAGER, CHOLAMANDALAM MS GIC LTD., 2ND FLOOR, DARS HOUSE, NO.2, N S C BOSE ROAD, CHENNAI, NOW REPRESENTED BY ITS THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO LTD., NO.4, 9TH FLOOR, LIVING 6, GOLDEN HEIGHTS, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR INDUSTRIAL ESTATE, NEAR SUJATHA TALKIES, BANGALORE-560010. ...APPELLANT (BY SRI PRADEEP B, ADVOCATE) AND:
1. SHAHEERA BANU, W/O LATE SHABEER AHAMMED, AGED ABOUT 33 YEARS.
2. MUBHARAK, S/O LATE SHABEER AHAMMED, AGED ABOUT 15 YEARS.
3. NAGMA BANU, D/O LATE SHABEER AHAMMED, AGED ABOUT 13 YEARS.
SINCE 2ND AND 3RD RESPONDENTS ARE MINORS, HENCE THEY WILL BE REPRESENT BY MOTHER & N/G I.E IST RESPONDENT, ALL R/AT GOUSE NAGARA MALEBENNURU VILLAGE HARIHARA TALUK – 598720.
4. ABDUL KADAR, S/O ISMAIL SAB, AGED ABOUT 48 YEARS, C/O UNITED WELDING WORKS, NEAR OLD PETROL BUNK, HARIHAR-SHIMOGA ROAD, MALEBENNURU, HARIHAR TALUK – 597026.
…RESPONDENTS (BY SRI MAHESH R UPPIN, ADVOCATE FOR C/R1 TO R3 ) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION (1) OF MOTOR VEHICLES ACT, 1988 CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT AWARD DATED 21ST DAY OF MARCH 2019 PASSED BY THE COURT OF THE SENIOR CIVIL AND ADDL. MOTOR ACCIDENT VEHICLE CLAIM TRIBUNAL IN ECA NO.6/2016.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed a memo dated 13.11.2019 for withdrawal of the appeal as not pressed with the liberty to file fresh appeal after compliance of Section 30(1) of Employees Compensation Act, 1923.
2. Memo is placed on record.
3. Accordingly, this appeal is dismissed as withdrawn with the liberty as sought for.
Office is directed to return the certified copy of the impugned judgment and award to the learned counsel for the appellant forthwith.
Sd/- JUDGE BSR