- 1 - HC-KAR NC: 2025:KHC:25183 MFA No. 1345 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1345 OF 2018 (MV-D) BETWEEN: 1. GEETHA NAIK AGED ABOUT 45 YEARS, W/O LATE RAMA NAIK 2. GANESH NAIK AGED ABOUT 23 YEARS, S/O LATE RAMA NAIK BOTH ARE R/AT GUDDE HOUSE 5 CENTS DARKAS, INNA VILLAGE AND POST KARKALA TALUK - 576 121 …APPELLANTS (BY MS. SWATHI HEGDE, ADVOCATE FOR SRI. PAVAN CHANDRA SHETTY H,ADVOCATE) AND: 1. K CHANDRAKARA KAMATH @ K C KAMATH AGED ABOUT 63 YEARS, S/O SRI ANANDA KAMATH R/AT KAMATH BUILDING KANJARAKATTE SANTHOOR POST INNA VILLAGE KARKALA TALUK-575104 2. THE BRANCH MANAGER NATIONAL INSURANCE CO LTD MOODABIDRI BRANCH 1ST FLOOR, NITHYANANDA COMPLEX MOODABIDRI, MANGALURU TALUK-575104 …RESPONDENTS (BY SRI. A N KRISHNASWAMY, ADVOCATE FOR R2 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25183 MFA No. 1345 of 2018 NOTICE TO R1 IS DISPENSED WITH V/O DTD 2.2.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/03/2017, PASSED IN MVC NO.232/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT., KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellants has filed a memo which states as follows: The Appellant counsel herewith submits that, since the Insurance Appeal was remanded to the trial court in connected matter. This above appeal not survive for the time being. However the appellant seeks liberty to participate in the Trial Court as well as seeking liberty to approach this court after disposal before the trial Court. Hence this memo in the interest of justice and equity. 2. In view of the memo dated 09.07.2025, present appeal is dismissed as withdrawn with liberty as aforementioned. Sd/- (C.M. POONACHA) JUDGE BS - List No.: 1 Sl No.: 11