- 1 - HC-KAR NC: 2025:KHC:25154 MFA No. 2648 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.2648 OF 2017 (MV-I) BETWEEN: M/S ICICI LOMBARD GENERAL INSURANCE CO LTD., 414, VEER SAVARKAR MARG, NEAR SIDDI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI - 400 025. NOW REP BY ITS MANAGER M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.121, THE ESTATE, 9TH FLOOR, DICKENSON ROAD, M.G.ROAD, BANGALORE - 560 042. …APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1. GOVINDANAIK S/O LATE VALYA NAIK, NOW AGED ABOUT 59 YEARS, R/O SRI VEERABHADRESHWARASWAMY RURAL HIGH SCHOOL, KANAKATTE, KANAKATTE HOBLI, ARSIKERE TALUK. 2. MURTHY S/O KONDABOVI, NOW AGED ABOUT 49 YEARS, R/O MANNUVADDARAHATTI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK (OWNER OF THE TATA ACE REG NO.KA-19-X-5973) …RESPONDENTS (BY SRI. K G SADASHIVAIAH ADVOCATE FOR R1 .,) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25154 MFA No. 2648 of 2017 THIS MFA IS FILED UNDER U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED03.01.2017 PASSED IN MVC NO.1876/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARSIKERE, AWARDING COMPENSATION AMOUNT OF RS.2,63,000/- WITH INTEREST AT 9% P.A. ROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. 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, which reads as follows: “MEMO The appellant Insurance Company has challenged the Judgment and Award and the claimant had filed MFA No.462/2020 and the said appeal came to settled in Lok-Adalath. In view of the above the appeal of the Insurance company has become infructuous. Hence, the appellant seeks for withdraw the appeal as infructuous. Hence this Memo.” In view of the same, the above appeal is dismissed as withdrawn. The amount deposited by the appellant/Insurance Company be refunded to appellant. Sd/- (C.M. POONACHA) JUDGE DR/List No.: 1 Sl No.: 3