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2025 DAILYLAW 31328 (KAR)

IFFCO TOKIO GENERAL INSURANCE CO LTD v. JAVARE GOWDA

MFA/6673/2021 · 2025-06-25

B M Shyam Prasad, G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22201-DB MFA No. 6673 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 6673 OF 2021 (MV-D) BETWEEN: IFFCO TOKIO GENERAL INSURANCE CO LTD NO 84, NEAR AKSHAY BHANDAR KUVEMPU NAGARA NEW KANTHARAJ URS ROAD MYSORE REPRESENTED BY ITS HEAD, CUSTOMER SERVICE CENTRE …APPELLANT (BY SRI. SANMATHI E I., ADVOCATE) AND: 1. JAVARE GOWDA S/O EREGOWDA AGED ABOUT 54 YEARS 2. SMT JAYAMMA W/O JAVAREGOWDA AGED ABOUT 46 YEARS RESIDING AT BETTAHALLI VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA DISTRICT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22201-DB MFA No. 6673 of 2021 3. MANCHAIAH S/O JOGAIAH R/AT MOLEKOPPALU VILLAGE BASARALU HOBLI, MANDYA TALUK MANDYA DISTRICT …RESPONDENTS (BY SRI. MRS BHUSHANI KUMAR., ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2021 PASSED IN MVC NO. 130/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, AWARDING COMPENSATION OF RS. 16,82,656/-OUT OF WHICH PETITIONER NO.1 AND 2 ARE ENTITLED FOR 50 PERCENT EACH i.e., RS. 8,41,328/- EACH ALONG WITH INTEREST AT THE RATE OF 8 PERCENT P.A. FROM THE DATE OF THE PETITIONER TILL REALIZATION FROM THE SECOND RESPONDENT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The learned counsel for the appellant has filed a memo, which reads as under: - 3 - HC-KAR NC: 2025:KHC:22201-DB MFA No. 6673 of 2021 "The appellant in the above case prays this Hon'ble Court to permit the appellant to withdraw the above case and direct the Registry to transmit amount in deposit to MACT in the interest of justice and equity." The appeal stands dismissed as withdrawn, and the office is directed to transmit the amount in deposit to the Tribunal for disbursement to the respondents. SD/- (B M SHYAM PRASAD) JUDGE SD/- (G BASAVARAJA) JUDGE RB