- 1 - HC-KAR NC: 2025:KHC:34092 MFA No. 5483 of 2016 C/W MFA No. 5484 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5483/2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5484/2016 (MV-I) IN MFA No. 5483/2016: BETWEEN: MR H P VENKATESH, AGED ABOUT 58 YEARS, S/O PUTTASWAMY GOWDA, DEAD BY HIS LRS, (OWNER OF CANTER BEARING REG NO.CTO-9213) 1A. SMT. CHITRA, AGED ABOUT 43 YEARS, W/O LATE H.P. VENKATESH, 1B. MANYASHREE H.V., AGED ABOUT 23 YEARS, D/O LATE H.P. VENKATESH, 1C. MANOJ KUMAR H.J., AGED ABOUT 22 YEARS, S/O LATE H.P. VENKATESH, HEBBAL VILLAGE (HEBBAL KOPPALU) K.R. NAGAR TALUK, MYSORE DISTRICT-571 602. …APPELLANTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34092 MFA No. 5483 of 2016 C/W MFA No. 5484 of 2016 (BY SRI. B S NAGARAJ., ADVOCATE FOR LRS OF DECEASED) AND: 1. MRS SUSHEELAMMA, AGED ABOUT 48 YEARS, W/O NAGASHETTY, HEBBAL VILLAGE, K.R.NAGARA TALUK MYSORE DISTRICT-PIN-571 602. 2. MR.VENKATESHA, AGED ABOUT 46 YEARS, S/O RAMASHETTY, (DEAD BY HIS LRS) (DRIVER OF CANTEE BEARING REG.NO.CTO-9213) 2A. SRI. NAGARAJA SHETTY, MAJOR IN AGE, S/O LATE RAMASHETTY, 2B. SRI. KUMARA SHETTY, MAJOR IN AGE, S/O LATE RAMASHETTY, BOTH AR R/AT HEBBAL VILLAGE AND POST, HEBBAL HOBLI, K.R. NAGARA TALUK, MYSORE DISTRICT-571 602. 3. THE NATIONAL INSURANCE CO LTD, REP. BY ITS BRANCH MANAGER, NO.371/A, PRESTIGE SHOPPING ARCADE, 3RD FLOOR, RAMA SWAMI CIRCLE, MYSORE-570 001. (INSURER OF CANTER BEARING REG NO.CTO-9213) …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:34092 MFA No. 5483 of 2016 C/W MFA No. 5484 of 2016 (BY SRI. A.M. VENKATESH, ADVOCATE FOR R3, R1 SERVED, V/O DATED 08.12.2023 NOTICE TO R2(A&B) H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2016 PASSED BY THE HON’BLE COURT OF THE JUDGE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, AT MYSURU IN M.V.C.NO.165/2007 (OLD NO.447/2001). IN MFA NO. 5484/2016: BETWEEN: MR H P VENKATESH, AGED ABOUT 58 YEARS, S/O PUTTASWAMY GOWDA, DEAD BY HIS LRS, (OWNER OF CANTER BEARING REG NO.CTO-9213) 1A. SMT. CHITRA, AGED ABOUT 43 YEARS, W/O LATE H.P. VENKATESH, 1B. MANYASHREE H.V., AGED ABOUT 23 YEARS, D/O LATE H.P. VENKATESH, 1C. MANOJ KUMAR H.J., AGED ABOUT 22 YEARS, S/O LATE H.P. VENKATESH, HEBBAL VILLAGE (HEBBAL KOPPALU) K.R. NAGAR TALUK, MYSORE DISTRICT-571 602. ...APPELLANTS (BY SRI. B S NAGARAJ., ADVOCATE FOR LRS OF DECEASED) - 4 - HC-KAR NC: 2025:KHC:34092 MFA No. 5483 of 2016 C/W MFA No. 5484 of 2016 AND: 1. SOMA, AGED ABOUT 24 YEARS, S/O NAGASHETTY, R/O HEBBAL VILLAGE, K.R. NAGAR TALUK, MYSORE DISTRICT-PIN:571 602. 2. MR.VENKATESHA, AGED ABOUT 46 YEARS, S/O RAMASHETTY, (DEAD BY HIS LRS) (DRIVER OF CANTEE BEARING REG.NO.CTO-9213) 2A. SRI. NAGARAJA SHETTY, MAJOR IN AGE, S/O LATE RAMASHETTY, 2B. SRI. KUMARA SHETTY, MAJOR IN AGE, S/O LATE RAMASHETTY, BOTH AR R/AT HEBBAL VILLAGE AND POST, HEBBAL HOBLI, K.R. NAGARA TALUK, MYSORE DISTRICT-571 602. 3. THE NATIONAL INSURANCE CO. LTD., REP BY ITS BRANCH MANAGER, NO.371/A, PRESTIGE SHOPPING ARCADE, 3RD FLOOR, RAMA SWAMI CIRCLE, MYSORE-570 001, (INSURER OF CANTER BEARING REG NO.CTO-9213) ...RESPONDENTS (R1 SERVED V/O DATED:13.07.2023 SRI. KISHORE KUMAR REDDY, ADVOCATE FOR R3 (VK NOT FILED), - 5 - HC-KAR NC: 2025:KHC:34092 MFA No. 5483 of 2016 C/W MFA No. 5484 of 2016 V/O DATED 08.12.2023 NOTICE TO R2(A & B) H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.04.2016 PASSED BY THE HON’BLE COURT OF THE JUDGE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, AT MYSURU IN M.V.C.NO.166/2007. THESE APPEALS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for appellant and Learned counsel for insurance are present. Learned counsel for appellant submits that it is owner’s appeal and the matter was settled between the claimants and owner, outside the court. Therefore, this appeal requires to be dismissed for having become infructuous. Accordingly, these appeals are hereby dismissed for having become infructuous. SD/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 65