- 1 - NC: 2025:KHC-D:5747 MFA No. 104881 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 104881 OF 2023 (MV-I) BETWEEN: SRI. KRISHNAMURTHY S/O. SHEKHARAPPA, AGE 38 YEARS, OCC: HOTEL WORK (NOW NIL), R/O. RAMESHWAR VILLAGE, YARAGANAL POST IN NYMATHI TALUK, DISTRICT: DAVANAGERE, NOW VAGESH NAGAR, 3RD CROSS, RANEBENNUR, DIST. HAVERI, PIN: 581115. …APPELLANT (BY SRI. G. N. NARASAMMANAVAR, ADVOCATE) AND: 1. MR. HARISH CHANDRAPPA M. S/O. MARI KENCHAPPA, AGE: MAJOR, OCC: BUSINESS, R/O. MIG 179, NANDHI SHREE, KHB COLONY, VINOBA NAGAR, SHIVAMOGGA-577204. 2. THE LEGAL CLAIMS MANAGER, CHOLAMANDALAM M. S. GENERAL INSURANCE CO.77/1, 1ST FLOOR, V.A.KALABURGI SQUARE, DESAI CROSS, DESHAPANDE NAGAR, HUBBALLI. PIN: 580023. …RESPONDENTS (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV. FOR R1 SRI. SUBHASH J. BADDI, ADV. FOR R2) THIS MISCELLANEOUS FIRS APPEAL IS FILED U/SEC.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY THE II ADDL. SENIOR CIVIL JUDGE AND AMACT RANEBENNUR IN MVC NO.1168/2019 DATED 12.12.2022, BY MODIFYING THE IMPUGNED JUDGMENT AND AWARD AND ALLOW THIS APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5747 MFA No. 104881 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) Advocate for appellant has filed memo of withdrawal which reads as under: “The appellant has filed this appeal for enhancement of compensation awarded by the tribunal, in view of disposal of appeal M.F.A. No. 102597/2023 on 27.03.2025, the appellant does not intend to prosecute this appeal, hence Hon’ble Court may kindly be pleased to dismiss the above appeal as withdrawn in the interest of justice and equity.” In view of the said memo, the appeal is dismissed as withdrawn. Sd/- (UMESH M ADIGA) JUDGE BVV /CT-AN List No.: 1 Sl No.: 22