- 1 - NC: 2025:KHC-D:4864 MFA No. 103441 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 103441 OF 2022 (MV-I) BETWEEN: KRISHNA S/O. HONNURAPPA, AGED ABOUT 28 YERAS, OCC: AGRICULTURIST, R/O. DEVALOPURA VILLAGE, DANAYAKANAKERE POST, HOSAPETE TALUK, AND BALLARI DISTRICT-583101. …APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. NAGESH S/O. P. MUNAIAH, AGED ABOUT 38 YEARS, DRIVER OF TOYOTA INNOVA, R/O. CIVIL HOSPITAL ROAD, NEAR KILLA, DHARWAD-580001. 2. K. P. RAMASWAMY S/O. PAKEERAPPA, AGED MAJOR, RC HOLDER OF TOYOTA INNOVA, R/O. CIVIL HOSPITAL ROAD, NEAR KILLA, DHARWAD-580001. 3. THE DIVISIONAL MANAGER, M/S. BHARATHI AXA GENERAL INSURANCE COMPANY, HUBBALLI-580009. …RESPONDENTS (BY SRI. ANAND R. KOLLI, ADV. FOR R1 & R2; SRI. NAGARAJ C. KOLLOORI, ADV. FOR R3) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:4864 MFA No. 103441 of 2022 THIS MFA IS FILED U/SEC.173 (1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 18.11.2019 PASSED IN MVC NO.112/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MOTOR ACCIDENT CLAIMS TRIBUNAL-IV, HOSAPETE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) Learned counsel appearing for the appellant has filed a memo for withdrawal of the appeal. She orally submits that another appeal was filed against the same judgment and award, which was settled before the Lok Adalath. She further submits that the appellant did not provide proper instructions at the time of filing this appeal. Therefore, the appellant is not interested in prosecuting this appeal. In view of the memo filed by the learned counsel appearing for the appellant, the appeal is dismissed as withdrawn. - 3 - NC: 2025:KHC-D:4864 MFA No. 103441 of 2022 In the light of the dismissal of the appeal as withdrawn, pending applications, if any, do not survive for consideration and the same are disposed off accordingly. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 29