- 1 - NC: 2025:KHC-K:2526 MFA No. 202964 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.202964/2023 (MV-D) BETWEEN: 1. AMARSINGH S/O KRISHANSINGH THAKUR, AGE: 66 YEARS, OCC: COOLIE, 2. MEERABAI W/O AMARSINGH THAKUR, AGE: 52 YEARS, OCC: HOUSEHOLD, 3. LAXMANSINGH S/O AMARSINGH THAKUR, AGE: 30 YEARS, OCC: COOLIE, ALL R/O DARSHANAPUR LAYOUT, ASHRAYA COLONY, KALABURAGI, NOW AT SATNOOR, TQ. CHITTAPUR, DIST. KALABURAGI. …APPELLANTS (BY SRI SANJEEV PATIL, ADVOCATE) AND: 1. MD. RAFEEQ AHMED S/O MD. RIYAZ, AGE: MAJOR, OCC: OWNER OF AUTO RICKSHAW BEARING NO.KA-32/A-9017, R/O H.NO 6-268, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2526 MFA No. 202964 of 2023 KHUNIALAWA, KALABURAGI-585 103. 2. THE TATA AIG GENERAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, HALL MARK BUILDING, 3RD FLOOR, DESAI CROSS, HUBLI-580 029. …RESPONDENTS (BY SRI SANJAY M. JOSHI, ADVOCATE, FOR R2; R1-V/O DTD. 24.08.2023, NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO A) MODIFY THE JUDGMENT AND AWARD DATED 21.07.2022 PASSED BY THE SENIOR CIVIL JUDGE AND MACT - XV AT CHITTAPUR IN MVC NO.05/2021 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR B) HOLD BOTH THE RESPONDENTS JOINTLY AND SEVERALLY LIABLE TO PAY THE ENHANCED COMPENSATION TO THE APPELLANT. THIS APPEAL COMING ON FOR ADMISSION, 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) 1. Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. - 3 - NC: 2025:KHC-K:2526 MFA No. 202964 of 2023 2. The memo is taken on record. 3. The appeal is dismissed as withdrawn. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 48 CT: AK