- 1 - HC-KAR NC: 2025:KHC:34918-DB MFA No. 406 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.406 OF 2019 (MV-D) BETWEEN: MADHUSUDHAN GUPTA S/O. NAGABUSHAN SHETTY D.V. AGED ABOUT 49 YEARS RESIDENT OF DAVADA BETTA PAVAGADA TALUK TUMAKURU DISTRICT-572 116. …APPELLANT (BY SMT. NALINA K., ADVOCATE FOR SRI VENKATA REDDY S.K., ADVOCATE) AND: 1. GANAVI D/O. LATE RAMEGOWDA AGED ABOUT 8 YEARS. 2. DAYANA D/O. LATE RAMEGOWDA AGED ABOUT 5 YEARS. RESPONDENT NOS.1 AND 2 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN I.E. MOTHER 3RD RESPONDENT. 3. SMT. S. SUMITHRA W/O LATE RAMEGOWDA AGED ABOUT 29 YEARS. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34918-DB MFA No. 406 of 2019 4. SMT. RANGAMMA W/O. LATE LAKKANNAGOWDA AGED ABOUT 63 YEARS. RESPONDENT NOS.1 TO 4 ARE RESIDING AT UNGUARAGE VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124. 5. DAKSHINA MURTHY S/O. SHIVALINGEGOWDA AGED ABOUT 39 YEARS VILLAGE ACCOUNTANT GUNGARAMALE PANCHAYATHI NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT. RESIDENT OF RANGAPURA VILLAGE TIPTUR TALUK TUMAKURU DISTRICT-572 201. …RESPONDENTS (BY SRI JAGADEESH H.T., ADVOCATE FOR C/R-1 TO R-4 NOTICE NOT ORDERED IN R/O R5.) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 11-10-2018, PASSED IN MVC NO.446 OF 2015, ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), AWARDING COMPENSATION OF RS.16,45,000/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL REALIZATION. THIS MISCELLANEOUS FIRST 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:34918-DB MFA No. 406 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the appellant files a memo dated 04.09.2025 for withdrawal of the appeal contending that the matter was settled out of the Court between the parties, in Ex.No.207/2019, on the file of the IV Additional District and Sessions Judge, Channarayapatna and also to refund the statutory deposit amount of Rs.25,000/- in favour of the appellant. Perused the memo. Being satisfied with the grounds urged in the memo, the appeal is dismissed as withdrawn as settled out of the Court. Office is directed to refund the statutory deposit amount of Rs.25,000/- in favour of the appellant. Pending Interlocutory Applications, if any, stands disposed off. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM/List No.: 1 Sl No.: 0