- 1 - NC: 2025:KHC-D:6104 MFA No. 103187 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 103187 OF 2016 (MV-D) BETWEEN: SMT. KAMALAVVA W/O. FAKIRAPPA KARIKATTI, AGE 42 YEARS, OCC: HOUSEHOLD WORK, R/O. KADLIKOPPA, TQ: RAMDURG, DIST: BELAGAVI. …APPELLANT (BY SRI. GURURAJ R. TURAMARI, ADVOCATE) AND: BR. MANAGER, NATIONAL INSURANCE CO. LTD., INGALAGI BUILDING, MAIN ROAD, AT: SAUNDATTI, TQ: SAUNDATTI, DIST: BELAGAVI. (INSURER OF THE TATA ACE VEHICLE). …RESPONDENT (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER OF THE TRIBUNAL AND AWARD THE COMPENSATION BY ALLOWING THE APPEAL FILED BY THE APPELLANT FOR THE DEATH OF THE DECEASED IN RTA JUDICIOUSLY BY MODIFYING THE JUDGMENT AND AWARD OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, RAMDURG, DATED 21.06.2016 IN MVC NO.1182/2015, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6104 MFA No. 103187 of 2016 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Advocate for the appellant files a memo stating that mistakenly this appeal is filed before this Court and claimants want to withdraw this appeal with liberty to approach the insurance company and any default in payment of compensation by the insurance company, they may be given liberty to approach appropriate forum to claim compensation. 2. The said memo filed by the appellant is placed on record. 3. In view of the memo appeal is dismissed as withdrawn with liberty to approach the insurance company or appropriate forum in accordance with law, claiming compensation. Sd/- (UMESH M ADIGA) JUDGE KGK List No.: 1 Sl No.: 16