Karnataka High Court
The Branch Manager vs Jayashri And Ors on 13 February, 2025
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NC: 2025:KHC-K:1034
MFA No. 201997 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
MISCL. FIRST APPEAL NO.201997 OF 2019 (MV-D)
BETWEEN:
THE BRANCH MANAGER,
THE IFFCO-TOKIO GENERAL
INSURANCE COMPANY LTD.,
ASIAN ARCADE, S.B. TEMPLE ROAD,
NEAR ANAND HOTEL,
KALABURAGI-585 102.
...APPELLANT
(BY SRI. SUBHASH MALLAPUR, ADVOCATE)
AND:
1. JAYASHRI W/O SHANKER BATAGERI,
Digitally signed AGE: 49 YEARS, OCC: HOUSEHOLD,
by
LUCYGRACE
Location: HIGH 2. SHANKER S/O SHARNABASAPPA BATAGERI,
COURT OF
KARNATAKA AGE: 54 YEARS, OCC: NIL,
(RESPONDENT NO.2 IS DIED, HIS LRS
ARE ALREADY ON RECORD
AMENDED AS PER ORDER DATED 22.01.2025)
3. SUMITHA D/O SHANKER BATAGERI,
AGE: 21 YEARS, OCC: STUDENT,
ALL R/O TULJAPUR, DIST. USMANABAD,
NOW AT H.NO.10-121, BANASHANKARI LAYOUT,
NEAR GOA HOTEL, KALABURAGI-585 102.
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NC: 2025:KHC-K:1034
MFA No. 201997 of 2019
4. DALBIR SINGH S/O DHARAM SINGH,
AGE: MAJOR, OCC: OWNER OF CONTAINER,
NO.HR-69/A-9446, R/O VPO BAZAPUR SABOLI,
SONEPAT, HARAYANA-131 001.
...RESPONDENTS
(BY SRI. KOUJALAGI C.L., ADV. FOR R1 TO R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND
CONSEQUENTLY BE PLEASED TO SET ASIDE THE JUDGMENT
AND AWARD DATED 04.06.2019 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI, IN MVC
NO.708/2015.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the appellant has filed a memo, which reads as below:
"MEMO FOR WITHDRAWAL That in the top noted appeal, the appellant has challenged the award passed by the II Addl. Senior Civil Judge Kalaburagi, dated 04.06.2019 in MVC -3- NC: 2025:KHC-K:1034 MFA No. 201997 of 2019 No.708/2015, questioning the liability on the ground of DL and contributory negligence, since charge sheet is not filed by the police U/S 181 of MV Act and the appellant intends to withdraw the appeal as not pressed, therefore in view of the same this Hon'ble court may kindly be pleased to dismiss the appeal as withdraw, in the interest of justice."
2. Since the case is of composite negligence and the deceased was not contributor of the negligence, involvement of the vehicle is sufficient and therefore, the memo is accepted and the appeal is dismissed as withdrawn.
3. Consequently, I.A. 1/2024 stands dismissed.
4. The amount in deposit before this Court is ordered to be transmitted to the Tribunal.
Sd/-
(C M JOSHI) JUDGE LG List No.: 1 Sl No.: 72.1