- 1 - HC-KAR NC: 2025:KHC-K:3077 MFA No. 200760 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.200760 OF 2025 (MV-D) BETWEEN: 1. YALLAWWA W/O IRAPPA BIRADAR @ HUNSHYAL, AGE: 56 YEARS, OCC: AGRICULTURE, 2. SHARANAPPA S/O IRAPPA BIRADAR @ HUNSHYAL, AGE: 38 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: NAGATHAN, TQ. AND DIST. VIJAYAPURA – 586 101. …APPELLANTS (BY SRI SANGANABASAVA B.PATIL, ADVOCATE) AND: 1. BIBIBAI W/O MOHAN RATHOD, AGE: 34 YEARS, OCC: HOUSEHOLD, 2. SNEHA D/O MOHAN RATHOD, AGE: 13 YEARS, OCC: STUDENT, 3. PRAMILABAI W/O DHANASING RATHOD, AGE: 58 YEARS, OCC: H.H. WORK, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3077 MFA No. 200760 of 2025 RESPONDENT NO.2 IS MINOR, R/BY HER NATURAL MOTHER RESPONDENT NO.1. ALL ARE R/O. HADAGALI L.T..1, TQ. AND DIST. VIJAYAPRUA – 586 101. 4. MALLAPPA S/O PARAMAPPA UKKALI, AGE: 44 YEARS, OCC: DRIVER, R/O: HATTINHALLI, TQ: AND DIST: VIJAYAPURA – 586 101. 5. SANTOSH S/O IRAPPA BIRADAR @ HUNSHYAL, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: NAGATHAN, TQ: AND DIST: VIJAYAPURA – 586 101. 6. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., TQ: AND DIST: VIJAYAPURA – 586 101. 7. G.D. RATHOD AGE: MAJOR, OCC: OWNER OF AUTO RICKSHAW, R/O: SHAHAPUR AGASI, TQ: AND DIST: VIJAYAPURA – 586 101. 8. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., BIDARI BUILDING, KORI CHOWK, S.S. FRONT ROAD, TQ: DIST: VIJAYAPURA – 586 101. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T.-V, AT VIJAYPAURA IN M.V.C.NO.1098/2011 DATED 08.07.2016 BY ALLOWING THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-K:3077 MFA No. 200760 of 2025 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Counsel for appellants has filed a memo for dismissal of appeal as withdrawn, since appellants grievances were settled in E.P.No.285/2016. In view of memo appeal is dismissed as not pressed. Amount in deposit is ordered to be transmitted to Tribunal for disbursal. Pending applications are dismissed as they do not survive for consideration. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 25