- 1 - HC-KAR NC: 2025:KHC:27854 MFA No. 10173 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.10173 OF 2018 (MV-I) BETWEEN: M/S. DENTAL ART LAB, REPRESENTED BY ITS PROPRIETOR: SRI BAKKESH, BRANCH OFFICE AT IN K.I.A.D.B., INDL. AREA, LOKIKERE ROAD, DAVANAGERE TALUK & DISTRICT-577004. …APPELLANT (BY SRI R. CHANDRANNA, ADVOCATE) AND: 1. SRI YALLAPPA AGED ABOUT 60 YEARS, S/O NINGAPPA, OCC: SECURITY GUARD, R/O BEHIND ITI COLLEGE, DAVANAGERE CITY-577004. 2. SRI REVANASIDDAPPA AGED ABOUT 39 YEARS, S/O LATE SHEKHARAPPA, R/AT NEAR GOVT. SCHOOL, SHIRAMAGONDANAHALLI, DAVANAGERE CITY-577004. …RESPONDENTS (BY SRI PRAKASH H.C., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2018 PASSED IN MVC NO.414/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27854 MFA No. 10173 of 2018 JUDGE AND MEMBER, MACT-IV, DAVANGERE, AWARDING COMPENSATION OF RS.3,12,264/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL COMING ON FOR ORDERS, 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 on 10.07.2025 seeking to withdraw the appeal, which reads as follows: “MEMO The above named appellant submits as follows: 1. That in the above appeal the notice of the above appeal 4 was taken to the first respondent but was not served as the first respondent is not available at the address furnished by him in his claim petition. The appellant had taken the notice to the first respondent on three occasions and in spite of that the notice could not be served on the first respondent who was the claimant before the lower court. 2. The appellant submits that however they are ready and willing to satisfy the award compensation ordered to be paid to the first respondent by the - 3 - HC-KAR NC: 2025:KHC:27854 MFA No. 10173 of 2018 lower court. Under these circumstances the appellant intends to withdraw the above appeal and satisfy the claim of the first respondent. 3. That the appellant has deposited before this Hon'ble court in the above appeal a sum of rupees 1,87,360/- (Rupees one lakh eighty seven thousand three hundred and sixty) vide DD No.010181 for Rupees 1,87,360/- (Rupees one lakh eighty seven thousand three hundred and sixty) dated 09/05/2019 drawn in favour of The Registrar General, High Court of Karnataka, Bangalore as ordered by this Hon'ble court while admitting the appeal on 27/03/2019 and grant an interim order of stay of Judgment and award passed by lower court. WHEREFORE, it is prayed that this Hon'ble court may be pleased to permit the appellant to withdraw the above appeal and also order for transmission of sum of rupees 1,87,360/- (Rupees one lakh eighty seven thousand three hundred and sixty) together with interest due there on to the lower court for payment of the same to the first respondent in the interest of Justice and Equity.” 2. In view of the same, the above appeal is dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:27854 MFA No. 10173 of 2018 3. A sum of `1,87,360/- deposited by the appellant in the above appeal be transmitted to the Tribunal for disbursement of the compensation to the claimant in terms of the award of the Tribunal. Sd/- (C.M. POONACHA) JUDGE MBM List No.: 1 Sl No.: 13