- 1 - NC: 2025:KHC-D:6510 MFA No. 102789 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 102789 OF 2022 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD, ENKAY COMPLEX, KESHVAPUR, DIST. HUBBALLI-580023. …APPELLANT (BY SMT. RATNAMALA G. H, ADVOCATE) AND: 1. SHEKHAPPA S/O. GONEPPA GADDIGOWDRA, AGE 48 YEARS, OCC: AGRICULTURE WORK, R/O. BASAVESHWARA NAGAR, HOLALU VILLAGE, TQ. HUVINAHADAGALI, DIST. BELLARY, NOW AT GANESH NAGAR, 3RD CROSS, RANEBENNUR, DIST. HAVERI-581110. 2. MR. PARASHURAMAPPA S/O. CHOWDAPPA PUJAR, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6510 MFA No. 102789 of 2022 AGE MAOR, OCC: BUSINESS, R/O. KARADIDURGA, UCHANGIDURGA, TQ. HARAPANAHALLI, DIST. DAVANAGERE-577001, OWNER OF THE CAR). 3. MR. M. SALEEM S/O. RAJASAHEM, AGE MAJOR, OCC: BUSINESS, R/O. HOLALU VILLAGE, TQ. HUVINAHADAGALI, DIST. BELLARY-583217. (OWNER OF THE BIKE). 4. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBLI. …RESPONDENTS (BY SRI. S. S. KOLIWAD, ADV. FOR R4; NOTICE TO R2 & R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD FIXING THE LIABILITY TO PAY THE COMPENSATION ON THIS APPELLANT I.E., RESPONDENT NO.2 AND TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. M.A.C.T RANEBENNUR, MVC NO.1277/2019 DATED 21.04.2022, IN THE INTEREST OF JUSTICE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6510 MFA No. 102789 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Learned counsel for the appellant filed a memo dated 16.04.2025 praying to withdraw the appeal as not pressed on the instructions of the appellant. 2. Memo is placed on record. 3. In view of the memo, appeal is dismissed as withdrawn. 4. In view of dismissal of the appeal, pending applications do not survive for consideration. Hence dismissed. 5. Whatever amount deposited by the respondents shall be refunded to the appellant on due acknowledgment. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 16