- 1 - NC: 2025:KHC-D:1371 MFA No. 100387 of 2024 C/W MFA No. 100384 of 2024 MFA No. 100385 of 2024 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.100387 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.100384 OF 2024 MISCELLANEOUS FIRST APPEAL NO.100385 OF 2024 IN M.F.A. NO.100387 OF 2024 BETWEEN: THE AUTHORIZED OFFICER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP, SITAPURA INDUSTRIAL AREA, RAJASTAN-302022, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI SUBHASH J.BADDI, ADVOCATE) AND: 1. SMT. RADHIKA W/O. SURESH GANIGER, AGE. 39 YEARS, OCC. H.H.WORK/GOAT UNIT NOW NIL, R/O. KURABAGODI-HARUGERI, TQ. RAIBAG, DIST. BELAGAVI-591317. 2. MR. ARUN KASHAPPA MANG, AGE. 28 YEARS, OCC. BUSINESS, R/O. SAVASUDDI VILLAGE, TQ. RAIBAG, BELAGAVI-591317. …RESPONDENTS (BY SRI ASHOK A.NAIK, ADVOCATE FOR R1; R2-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PLEASED TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1371 MFA No. 100387 of 2024 C/W MFA No. 100384 of 2024 MFA No. 100385 of 2024 JUDGMENT AND AWARD DATED 19.09.2023 PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIM TRIBUNAL AT RAIBAG, IN MVC NO.1442/2020, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.100384 OF 2024 BETWEEN: THE AUTHORIZED OFFICER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP, SITAPURA INDUSTRIAL AREA, RAJASTAN-302022, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI SUBHASH J.BADDI, ADVOCATE) AND: 1. SMT. MANJULA W/O. MARUTI AKKENNAVAR, AGE. 42 YEARS, OCC. H.H.WORK/GOAT UNIT NOW NIL, R/O. KURABAGODI-HARUGERI, TQ. RAIBAG, DIST. BELAGAVI-591317. 2. MR. ARUN KASHAPPA MANG, AGE. 24 YEARS, OCC. BUSINESS/OWNER OF VEHICLE, R/O. SAVASUDDI VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SRI ASHOK A.NAIK, ADVOCATE FOR R1; R2-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PLEASED TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 19.09.2023 PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT RAIBAG, IN MVC NO.1443/2020, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:1371 MFA No. 100387 of 2024 C/W MFA No. 100384 of 2024 MFA No. 100385 of 2024 IN M.F.A. NO.100385 OF 2024 BETWEEN: THE AUTHORIZED OFFICER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP, SITAPURA INDUSTRIAL AREA, RAJASTAN-302022, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI SUBHASH J.BADDI, ADVOCATE) AND: 1. MR. MARUTI S/O. UDDAPPA AKKENNAVAR, AGE. 43 YEARS, OCC. AGRICULTURE COOLIE NOW NIL, R/O. KURABAGODI-HARUGERI, TQ. RAIBAG, DIST. BELAGAVI-591317. 2. MR. ARUN KASHAPPA MANG, AGE, 27 YEARS, OCC. BUSINESS/OWNER OF VEHICLE, R/O. SAVASUDDI VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SRI ASHOK A.NAIK, ADVOCATE FOR R1; R2-HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PLEASED TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 19.09.2023 PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT RAIBAG, IN MVC NO.1441/2020, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 4 - NC: 2025:KHC-D:1371 MFA No. 100387 of 2024 C/W MFA No. 100384 of 2024 MFA No. 100385 of 2024 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 is taken on record. 3. In view of the memo, the present appeals are dismissed as withdrawn. 4. The amount deposited by the appellant shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 12