- 1 - HC-KAR NC: 2025:KHC-D:15014 MFA No. 22234 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 22234 OF 2013 (MV) BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., SAVITRI SADAN, OPP. KITTLE COLLEGE, P.B. ROAD, DHARWAD. NOW REPRESENTED BY ITS DEPUTY MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, II FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, HUBLI-23. …APPELLANT (BY SRI. M.Y. KATAGI, ADVOCATE) AND: 1. SMT. SHANTHA W/O. GANGADARAPPA UKKADAD, AGE: 64 YEARS, OCC: TAILORING, R/O: LAXMINARAYANA GUDI ONI, DHARWAD, SINCE DECEASED BY HER L.R. BROTHER SHIVAPUTRAPPA KASHAPPA BADIGANNAVAR, AGE: 74 YEARS, OCC: RTD. GOVT. SERVANT, R/O: RAVIVARPETH, NEAR LAXMINARAYANA GUDI ONI, DHARWAD-1. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15014 MFA No. 22234 of 2013 2. SRI. RAVINDRA S/O. VASANT DHULAKHED, AGE: MAJOR, OCC: SERVICE, R/O: 18, "RADHAKRISHNA" MALLIKARJUN NAGAR, SAVADATTI ROAD, DHARWAD. (OWNER OF MARUTI ALTO VEHICLE BEARING REG. NO.KA-25/N-2740) …RESPONDENTS (BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 02.01.2013 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AND ADDITIONAL MACT, DHARWAD IN M.V.C.NO.252/2008 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15014 MFA No. 22234 of 2013 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Learned counsel for the appellant Sri.M.Y.Katagi seeks permission to withdraw the appeal. Memo to that effect is also filed. 2. Permission as prayed for is granted. The appeal is dismissed as withdrawn. 3. Amount if any in deposit, be transmitted to the concerned Tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 54