- 1 - NC: 2025:KHC-D:5132-DB MFA No. 103077 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.103077 OF 2017 (MV-D) BETWEEN: HEMAPPA S/O IRAPPA TOGARSI, SINCE DECEASED BY HIS LR’S 1. IRAPPA S/O HEMAPPA TOGARSI AGE: 44 YEARS, OCC: AGRICULTURE, 2. SURESH S/O HEMAPPA TOGARSI, AGE: 40 YEARS, OCC: AGRICULTURE, 3. RAMESH S/O HEMAPPA TOGARSI, AGE: 44 YEARS, OCC: AGRICULTURE, ALL ARE R/O: GHOGAVI VILLAGE, TQ: HIREKERUR, DIST: HAVERI. …APPELLANTS (BY SRIYUTHS. M.PATIL, HARSHVARDHAM M. PATIL, ADVOCATES) AND: 1. MANGALA W/O MALLESHAPPA HAKKALI, AGE: 24 YEARS, OCC: HOUSE HOLD WORK AND AGRICULTURE WORK, R/O: BATTIKOPPA VILLAGE, NOW @ R/O: KANTIBEERESHWAR NAGAR, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI. 2. TARUNKUMAR S/O MALLESHAPPA HAKKALI @ HAKKALLI AGE: 7 YEARS, OCC: STUDENT, SINCE MINOR R/BY NATURAL GUARDIAN MOTHER I.E., APPELLANT NO.1 MANGALA W/O. MALLESHAPPA HAKKALLI @ HAKKALLI, AGE: 24 YEARS, OCC: HOUSE HOLD WORK AND AGRICULTURE WORK, R/O: BATTIKOPPA VILLAGE, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5132-DB MFA No. 103077 of 2017 NOW @ R/O: KANTIBEERESHWAR NAGAR, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI. …RESPONDENTS (R1-DISMISSED AS ABATED; R2- MINOR R/BY R1) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2017 PASSED IN MVC NO.1330/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) 1. Learned counsel for the appellants has filed a memo dated 20.03.2025, placing on record that the matter has been settled between the parties and hence, the appellants seek leave to withdraw the above appeal. 2. In view of the same, the appeal stands dismissed as withdrawn. 3. The amount deposited by the appellants in the present appeal be refunded to them. - 3 - NC: 2025:KHC-D:5132-DB MFA No. 103077 of 2017 4. Pending applications, if any, are also disposed of, as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 37