- 1 - HC-KAR NC: 2025:KHC:29587-DB MFA No. 6471 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 6471 OF 2018 (MV-D) BETWEEN: THE NATIONAL INSURANCE CO. LTD., BYPASS ROAD JUNCTION, SHIVAMOGGA THE APPELLANT IS REP. HEREIN BY: THE ADMINISTRATIVE OFFICER, NATIONAL INSURANCE CO. LTD., BANGALORE REGIONAL OFFICE, SUBHARAM COMPLEX, 144, MAHATMA GANDHI ROAD, BENGALURU-560 001 …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. SMT. SHANTHA W/O LATE BHEEMAPPA, AGED 53 YEARS, 2. KUM B. SUSHMA D/O LATE BHEEMAPPA, AGED 30 YEARS, BOTH ARE R/O KANAKANAGARA, 2ND CROSS, NEW BRIDGE ROAD, BHADRAVATHI (RESPONDENT NO.2 DEAD BEFORE THE TRIBUNAL Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29587-DB MFA No. 6471 of 2018 HENCE REPRESENTED BY HIS LRS) 3. SRI IMANUAL SUDARSHAN S/O DAVID EDWARD, AGED ABOUT 33 YEARS, R/O KANAKATTE VILLAGE, BHADRA COLONY POST, BHADRAVATHI 4. SMT SAROJA C W/O LATE EDWARD GEORGE, AGED ABOUT 50 YEARS, R/O KANAKATTE VILLAGE, BHADRA COLONY POST, BHADRAVATHI TALUK. 5. SRI E. DAVID S/O LATE EDWARD GEORGE, AGED ABOUT 37 YEARS, R/O KANAKATTE, BHADRA COLONY POST, BHADRAVATHI TALUK. …RESPONDENTS (BY SRI. B.S. PRASAD, ADV. FOR R1 AND R2, SRI. KEMPARAJU, ADV. FOR R3 TO R5.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2018 PASSED IN MVC NO.1143/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT-11, BHADRAVATHI, AWARDING COMPENSATION OF RS.15,46,393/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS COMPLETE PAYMENT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:29587-DB MFA No. 6471 of 2018 ORAL JUDGMENT (PER: HON'BLE MR.JUSTICE D K SINGH) Learned counsel for the appellant has filed a memo seeking leave of this Court to dismiss the appeal as withdrawn. 2. In view of the memo, the amount deposited by the appellant is directed to be transferred to the Tribunal. The balance 50% of the awarded amount shall be deposited by the appellant - Insurance Company within a period of six weeks. 3. The respondents - Claimants shall be at liberty to withdraw the amount subject to the apportionment made by the Tribunal. 4. Accordingly, appeal is dismissed as withdrawn. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 37