- 1 - HC-KAR NC: 2025:KHC:23232 MFA No. 9589 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9589 OF 2017 (MV-D) BETWEEN: THE NATIONAL INSURANCE CO LTD 1ST FLOOR,S S COMPLEX, HARSHA ARCADE, OPP.PETROL BUNK, B H ROAD, SHIVAMOGGA, NOW REPTD BY THE REGIONAL MANAGER, THE NATIONAL INSURANCE CO LTD., NO.144,SUBHARAM COMPLEX, M G ROAD, BENGALURU-560 001 …APPELLANT (BY SRI. A N KRISHNA SWAMY, ADVOCATE) AND: 1. SMT SHOBHA W/O LATE KRISHNAPPA, AGED ABOUT 29 YEARS 2. KUM MAMATHA D/O LATE KRISHNAPPA AGED ABOUT 10 YEARS 3. KUM KALAPANA D/O LATE KRISHNAPPA AGED ABOUT 6 YEARS R2 & R3 ARE MINORS REPTD BY R1 4. SMT BHAGIRATHAMMA W/O SHESHAPPA, AGED ABOUT 61 YEARS ALL ARE R/O MUDAGALU VILLAGE, GILALAGUNDI (P) ANANDAPURAM(H) SAGAR TQ, SHIVAMOGA DIST-577 401 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23232 MFA No. 9589 of 2017 5. SRI M MOHANLAL S/O S H MANGILAL, R/O KEJALAPURA, PIRAVA TQ, JALAVARA (D) RAJASTHAN(S) 345 001 6. SMT SHAILAJA BANSAL W/O RAM NISH BANSAL AGED ABOUT 41 YEARS R/O TALVACHIDI KOTTAMMA RAJASTHAN-345 001 …RESPONDENTS (BY SRI. BIMBADHAR M GOWDAR, ADVOCATE FOR R1 TO R4 NOTICE TO R5 & R6 ARE DISPENSED WITH V/O DTD 29.01.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2017 PASSED IN MVC NO.41/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, ADDITIONAL MACT-10, SAGAR, AWARDING COMPENSATION OF RS.17,02,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC. THIS APPEAL, COMING ON FOR FURTHER HEARING, 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 dated 30.06.2025 which states as follows: The appellant respectfully submits as follows: i. That the above appeal has filed challenging the judgment and award dated 06 - Sep – 17 MACT, Sagar, in MVC – 41/16 only on the ground of quantum of compensation. - 3 - HC-KAR NC: 2025:KHC:23232 MFA No. 9589 of 2017 ii. That upon perusal of the award and considering the present trends in similar matters, the appellant has been advised to withdraw the appeal as compensation awarded cannot be considered exorbitant and excessive. Hence appellant seeks permission of this Court to withdraw the same in the interest of justice. 2. In view of the memo dated 30.06.2025, the above appeal is dismissed as withdrawn. The amount deposited by the appellant in the above appeal be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 101