- 1 - HC-KAR NC: 2025:KHC:20055 MFA No. 5157 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5157 OF 2017 (MV-I) BETWEEN: THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED NO. 1119/B, M C ROAD, MANDYA CITY - 571401 NOW REPRESENTED BY ITS DEPUTY MANAGER REGIONAL OFFICE, UNITED INDIA INSURANCE COMPANY LIMITED 5TH FLOOR,KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE, BENGALURU - 560001 …APPELLANT (BY SRI. L SREEKANTA RAO, ADVOCATE) AND: 1. SYED MUBARAK S/O SYED HAMEED @ BABU AGED ABOUT 18 YEARS R/AT NO 1251, BEEDI COLONY KERANGALA, CHIKKAMANDYAKERE MANDYA CITY – 571403 2. NAJEEBULLA S/O SYED SHAFIULLA, NO. 95, 2ND CROSS, SADATH MOHALLA, GUTHALU ROAD, MANDYA - 571403 …RESPONDENTS ( R2 IS SERVED AND UNREPRESENTED) Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20055 MFA No. 5157 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2017 PASSED IN MVC NO.1948/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, AN AWARDING AMOUNT OF RS.2,58,461/- WITH INTEREST AT 9% P.A. FROM THE DATE OF FILING OF PETITION TILL DATE OF DEPOSIT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo which reads as follows: “The Appellant submits as under; The Appellant submits that above appeal is filed by the Appellant challenging the liability to pay the compensation awarded by the Tribunal on the ground non possession of driving license to drive the insured vehicle. In view of the larger bench judgment upholding the judgment passed in the case of Mukul Devagan, the present appeal does not survive for consideration. Hence the appellant prays that the appeal ma be permitted to be withdrawn as not pressed. The amount in deposit may be ordered to be transmitted to the Tribunal for disbursement in the interest of justice and equity.” 2. In view of the memo, the above appeal is dismissed as withdrawn. - 3 - HC-KAR NC: 2025:KHC:20055 MFA No. 5157 of 2017 3. The amount deposited by the appellant be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal. SD/- (C.M. POONACHA) JUDGE PNV - List No.: 1 Sl No.: 31