- 1 - NC: 2025:KHC-D:1424 MFA No. 100372 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100372 OF 2023 (MV-D) BETWEEN: THE LEGAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., 1ST FLOOR, V.A. KALBURGI HALLMARK, BESIDE INDUSLAND BANK, DESAI CROSS, PINTO ROAD, HUBBALLI-580028, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI SUBHASH J.BADDI, ADV.) AND: 1. SMT. GEETAVVA W/O. NAGAPPA LAMANI, AGE. 42 YEARS, OCC. HOUSEHOLD WORK, 2. SRI NAGAPPA S/O. MOTALAPPA LAMANI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE WORK, BOTH ARE R/O. BABAPUR TANDA, TQ. HIREKERUR, DIST. HAVERI, NOW AT SHIVAJI NAGAR, SHIDENUR TANDA, TQ. BYADAGI, DIST. HAVERI-581106. 3. SMT. JAYAMMA W/O. TOPANNA LAMANI, AGE. MAJOR, OCC. BUSINESS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1424 MFA No. 100372 of 2023 4. MR. SHIVAPPA S/O. TOPANNA LAMANI, AGE. MAJOR, OCC. DRIVER, BOTH ARE R/O. BABAPUR TANDA VILLAGE, PO. ALADAGERI, TQ. HIREKERUR, DIST. HAVERI-581109. 5. MR. BASAVARAJ S/O. AJJAPPA HULMANI, AGE. 68 YEARS, OCC. AGRICULTURE WORK, R/AT. TUMMINKATTI, TQ. RANEBENNUR, DIST. HAVERI-581119. …RESPONDENTS (BY SRI HARSHAWARDHANA M.PATIL, ADV. FOR R1 AND R2; SRI M.M. HIREMATH, ADV. R3 AND R4; NOTICE TO R5 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PLEASED TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 05.11.2022 PASSED BY SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT BYADAGI IN MVC NO.646/2019, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1424 MFA No. 100372 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel Sri.Subhash J. Baddi appearing for the appellant has filed a memo for withdrawal. 2. Memo and submission of the learned counsel is taken on record. 3. In view of the memo, the present appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 47