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2025 DAILYLAW 71972 (KAR)

SRI GURUPADAPPA G S v. SRI SHANTHAVEERAPPA

MFA/6203/2021 · 2025-07-28

Ramachandra D Huddar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28894 MFA No. 6203 of 2021 C/W MFA No. 2688 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 6203 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2688 OF 2021 (MV-I) IN MFA No. 6203/2021 BETWEEN: SRI GURUPADAPPA G S S/O SHIVABASAPPA SINCE DEAD REPRESENTED BY LRS 1. SRI. RAKESH G.G SON OF GURUPADAPPA G S, AGED ABOUT 29 YEARS, NARAPPA CIRCLE, KATTALAGERE POST, DAVANAGERE - 577 219. 2. SRI. MADHU G G SON OF GURUPADAPPA G S, AGED ABOUT 27 YEARS, NARAPPA CIRCLE, KATTALAGERE POST, DAVANAGERE - 577 219. 3. SRI. JEEVAN G.G, SON OF GURUPADAPPA G S, AGED ABOUT 25 YEARS, NARAPPA CIRCLE, KATTALAGERE POST, DAVANAGERE - 577 219. …APPELLANTS (BY SRI. P. FREUD RICHARDSON, ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28894 MFA No. 6203 of 2021 C/W MFA No. 2688 of 2021 AND: 1. SRI. SHANTHAVEERAPPA S/O BASAVARAJAPPA AGED ABOUT 31 YEARS R/O KATHALAGERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT NOW AT 13TH CROSS, 3RD MAIN ROAD, VONOBHA NAGAR DAVANGERE, KARNATAKA - 577 004. 2. THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., HDFC BANK BUILDING DOOR NO.651, 1ST FLOOR, B.H.M.N CLAVE, MANDIPETE DAVANAGERE, KARNATAKA - 577 001. 3. SRI. SACHIN S/O GOWDRU RAJAPPA AGED ABOUT 24 YEARS R/O KATHALAGERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT KARNATAKA - 577 219. …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.12.2019 PASSED IN MVC NO. 333/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, AWARDING COMPENSATION OF RS.2,57,400/- WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. - 3 - HC-KAR NC: 2025:KHC:28894 MFA No. 6203 of 2021 C/W MFA No. 2688 of 2021 IN MFA NO. 2688/2021 BETWEEN: SHANTHAVEERAPPA, S/O BASAVARAJAPPA, AGE 31 YEARS, COOLIE WORK AND MILK VENDING BUSINESS PRESENTLY NIL, R/O KATHALAGERE VILLAGE CHANNAGIRI TALUK, DAVANAGERE DISTRICT NOW AT 13TH CROSS, 3RD MAIN ROAD, VINOBHA NAGAR, DAVANAGERE - 577 001. ...APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. SACHIN S/O GOWDRU RAJAPPA, AGE 25 YEARS, DRIVER OF TRACTOR BEARING NO. KA-17/TC-0514 R/O KATHALAGERE VILLAGE CHANNAGIRI TALUK - 577 213, DAVANAGERE DISTRICT. 2. GURUPADAPPA G S S/O SHIVABASAPPA, AGED ABOUT 55 YEARS, OWNER OF TRACTOR BEARING NO. KA-17/TC-0514 R/O KATHALAGERE VILLAGE, CHANNAGIRI TALUK - 577 213 DAVANAGERE DISTRICT. - 4 - HC-KAR NC: 2025:KHC:28894 MFA No. 6203 of 2021 C/W MFA No. 2688 of 2021 3. THE MANAGER HDFC ERGO GENERAL INSURANCE CO LTD., HDFC BANK BUILDING, DOOR NO. 651, 1ST FLOOR, B.H.M.N. CLAVE, MANDIPETE DAVANAGERE - 577 001. ...RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 16.12.2019, PASSED IN MVC NO.333/2019, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the respective appellants has filed a memo dated 27.02.2025 in MFA.No.6203/2021 and 28.07.2025 in MFA No.2688/2021 to withdraw this appeal. - 5 - HC-KAR NC: 2025:KHC:28894 MFA No. 6203 of 2021 C/W MFA No. 2688 of 2021 The said memos reads as under: IN MFA NO.6203/2021: MEMO FOR WITHDRAWAL "The Appellants herein states that the abovementioned matter was preferred impugned the Judgment/Order dated 12.12.2019 in MVC No.333/2019 passed MACT-IV, Davanagere. The Appellant further states that the parties have amicably settled the subject matter dispute out of Court. Wherefore, it is humbly prayed that this Hon'ble Court may be pleased to dismiss the Appeal as not pressed, in the interests of justice and equity ." IN MFA NO.2688/2021: MEMO FOR WITHDRAWAL "It is respectfully prayed that this Hon'ble Court kindly pleased to dismiss the above appeal as withdrawn in the interest of justice and equity." In view of the aforesaid memos, the appeals are dismissed as withdrawn. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 2