- 1 - HC-KAR NC: 2025:KHC:20538 MFA No. 7985 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7985 OF 2019 (MV-I) BETWEEN: MOGANNAGOWDA, S/O HONNAVALLI GOWDA, AGED ABOUT 65 YEARS, ULLANGALA VILLAGE AND POST, ARAKALAGUDU TALUK, HASSAN DISTRICT - 573 102. …APPELLANT (BY SRI. BASAVARAJU H.T, ADVOCATE) AND: 1. SRI. SANTHOSH S/O RAJEGOWDA AGED ABOUT 35 YEARS, RESIDENT OF ANNECHAKANAHALLI, HALLIYMYSORE HOBLI, HOLENARSIPURA TALUK, HASSAN DISTRICT. 2. KRISHNEGOWDA H.M, S/O MARIDEVRA, NO:143, ULLANGALA VILLAGE AND POST, ARAKALAGUDU TALUK, HASSAN DISTRICT. 3. THE REGIONAL MANAGER, HDFC AGRO GENERAL INSURANCE CO. LTD., REGIONAL OFFICE NO: 110, N.M.GENIVA HOUSE, CUNNINGHAM ROAD, BANGALORE - 560 052. …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.07.2019 PASSED IN MVC NO. 1422/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLENARASIPURA, AWARDING COMPENSATION OF RS.2,28,820/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20538 MFA No. 7985 of 2019 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 for withdrawal of appeal which reads as follows; “Herein, the counsel for the Appellant begs to submits as under; That the Appellant has filed the Present case aggrieved by the Tribunal judgment. The Tribunal had fixed the liability on the owner and directed to pay compensation of 2,28,820/-to the petitioner. At the time of filing of the above appeal the appellant has deposited Rs.25,000/- as statutory deposit. In the meantime, the Appellant herein Respondent/petitioner have settled the and the matter amicably. Hence, the present Appeal become infructuous. Wherefore, the Hon'ble Court may be pleased to permit to withdraw the above appeal and direct the registry to return the statutory amount of Rs. 25,000/- to the Appellant to secure ends of justice.” 2. In view of the memo, the above appeal is dismissed as withdrawn. The statutory deposit amount of Rs.25,000/- deposited by the appellant be refunded to the appellant. Sd/- (C.M. POONACHA) JUDGE SRK - List No.: 1 Sl No.: 64