- 1 - NC: 2025:KHC-D:3450 MFA No. 102589 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102589 OF 2023 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., CTS NO.177/1M-1, 1ST FLOOR, V.A. KALBURGI HALLMARK, BESIDE INDUSIND BANK, DESAI CROSS, PINTO ROAD, HUBBALLI-580020, REPTED BY ITS AUHTORIZED SIGNATORY. …APPELLANT (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE) AND: 1. SIDDAPPA S/O. HANAMANTAPPA KABBALAGI, AGE. 32 YEARS, OCC. AGRICULTURIST AND MILK VENDING, NOW NIL, R/O. HOSAPET GALLI, SAMPAGOAN, TQ. BAILHONGAL, DIST. BELAGAVI-591125. 2. MOHAMMED AMEEN BABUSAB TALIKOTI, AGE. 42 YEARS, OCC. BUSINESS, R/O. CTS NO.4618/16A, 1ST CROSS SUBHAS NAGAR, BELAGAVI-590003. …RESPONDENTS (NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 16.11.2022 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BELAGAVI IN MVC NO.46/2021 AND THIS COURT MAY PASS ANY SUCH ORDERS AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COST OF THE ABOVE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3450 MFA No. 102589 of 2023 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellant has submitted and filed a memo seeking withdrawal of the appeal. The said submission and memo are placed on record. Consequently, the appeal is dismissed as withdrawn. Send back the Trial Court Records to the Tribunal. Amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 4