- 1 - HC-KAR NC: 2025:KHC:26233 MFA No. 5687 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5687 OF 2017 (MV-I) BETWEEN: 1. NATIONAL INSURANCE COMPANY LTD PUTTUR BRANCH, PUTTUR D.K. NOW REPRESENTED BY ITS ASSISTANT MANAGER REKHA S MENON REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX M G ROAD, BENGALURU 560001 …APPELLANT (BY SRI. L SREEKANTA RAO., ADVOCATE) AND: 1. SMT JANAKI W/O KEPU MUGERA MAJOR R/AT MANJALPADPU JAYAMBE HOUSE KABAKA VILLAGE, PUTTUR TALUK 574201 2. VIJAYAVIKRAM G S/O K GOVINDA, AGED ABOUT 46 YEARS, R/A D.NO.4/80 GANDHIPETE RAMAKUNA VILLAGE AND POST PUTTUR TALUK AND D.K.DISTRICT 574201 …RESPONDENTS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26233 MFA No. 5687 of 2017 (BY SRI.B.V.KRISHNA, ADVOCATE FOR R1, R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2017 PASSED IN MVC NO.1094/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDICIAL MAJESTRATE AND MEMBER, MACT, PUTTUR, AWARDING COMPENSATION OF RS.1,12,000/- WITH FUTURE INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION FROM RESPONDENT NO.1 AND 2. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo, which reads as follows: MEMO "The Appellant submits as under; The Appellant submits the above appeal is filed by the Appellant challenging the liability to pay the compensation awarded by the Tribunal on the ground non possession of driving license to drive the insured vehicle. In view of the larger bench judgment upholding the judgment passed in the case of Mukul Devagan, the - 3 - HC-KAR NC: 2025:KHC:26233 MFA No. 5687 of 2017 present appeal does not survive for consideration. Hence the appellant prays that the appeal may be permitted to be withdrawn as not pressed. The amount in deposit may be ordered to be transmitted to the Tribunal for disbursement in the interest of justice and equity." 2. In view of the same, the above appeal is dismissed as withdrawn. 3. The amount deposited by the appellant shall be transmitted to the Tribunal together with the records for disbursement in terms of the award of the Tribunal. Sd/- (C.M. POONACHA) JUDGE rv List No.: 1 Sl No.: 32