- 1 - NC: 2025:KHC-D:5970-DB MFA No. 106381 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.106381 OF 2024 (MV-D) BETWEEN: 1. SMT. KAVITHA D. W/O. Y. LOKESH, AGED ABOUT 33 YEARS, HOUSE WIFE, 2. KUM. RUCHITH D/O. Y. LOKESH, AGED ABOUT 9 YEARS, STUDENT, 3. MASTER Y. GANESH S/O. Y. LOKESH, AGED ABOUT 19 YEARS, STUDENT, 4. SMT. SUNITHA W/O. Y. RAMALINGANA GOUDA, AGED ABOUT 61 YEARS, HOUSEWIFE, 5. MR. Y RAMALINGANA GOUDA S/O. Y BASAPPA, AGED ABOUT 73 YEARS, APPELLANT NO.2 IS MINOR REP/BY HER MOTHER NATURAL GUARDIAN SMT. KAVITHA D. W/O. Y. LOKESH, APPELLANT NO.1 HEREIN ALL ARE R/O. #183, WARD NO.34, DEVINAGAR, SHANTHI MARGA, BEHIND MALLAPA COMPOUND, NEAR RAMAND HOME, BALLARI-583101. …APPELLANTS (BY SRI MANJUNATHA G.PATIL, ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5970-DB MFA No. 106381 of 2024 AND: 1. MR. MD. THAYUB S/O. MD. KHASEEM, AGED ABOUT 29 YEARS, DRIVER OF THE LORRY BEARING REG. NO.TS-07/UH-9357, R/O. KONDURG, RANGAREDDY DIST. TELANGANA-509207. 2. ABDUL QAYYUM S/O. ABDUL HAMEED, AGED ABOUT 49 YEARS, OWNER OF THE LORRY BEARING REG. NO.TS-07/UH-9357, R/O.23-19/3, ADVOCATE COLONY, SHADNAGAR, FAROOQ NAGAR, RANGAREDDY-DISTRICT TELANGANA-509207. 3. THE BRANCH MANAGER, M/S. CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED, UPSTAIRS OF 24 HOURS NEW BHARATHI MEDICAL STORES, DOUBLE ROAD, BALLARI-583101. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY AND ENHANCE THE COMPENSATION FROM RS.31,02,800/- TO RS.57,70,000/- IN MVC NO.913/2021 DATED 17.01.2024 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XI AND II ADDITIONAL SENIOR CIVIL JUDGE BALLARI IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5970-DB MFA No. 106381 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Sri Manjunath G. Patil, learned counsel appearing for the appellants has filed a memo seeking leave of this Court to withdraw the appeal. The said memo is placed on record. Appeal is dismissed as withdrawn. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE VMB, CT: UMD List No.: 2 Sl No.: 29