- 1 - HC-KAR NC: 2025:KHC:45347-DB MFA No. 7264 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 7264 OF 2019 (MV-I) BETWEEN: SRI. T.CHANDRU SON OF SRI THIMMA BHOVI, NOW AGED ABOUT 61 YEARS, BUILDING CIVIL CONTRACTOR, (OWNER OF FORD FIESTA CAR BEARING NO.KA 14/N 7712), RESIDING AT NO.NANDINI NILAYA, OPPOSITE KRUSHI COLLEGE, CHANNAMUMBHAPURA, ABBALAGERE POST, SAVALANGA ROAD, SHIVAMOGGA. …APPELLANT (BY SRI. R.KIRAN., ADVOCATE) AND: 1. SRI. V. ROY SON OF V.VARGHESE, MAJOR, (DRIVER OF MARUTHI SWIFT DZIRE CAR BEARING REGN.NO.KL-41/G-4765) RESIDING AT KALAPURACKAL VEEDU, ERNAKULAM, KERALA. 2. SRI. M.ABDUL RAZAK SON OF MOHAMMED, MAJOR, (OWNER OF MARUTHI SWIFT DZIRE Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA BENGALURU - 2 - HC-KAR NC: 2025:KHC:45347-DB MFA No. 7264 of 2019 CAR BEARING REGN.NO.KL-41/G-4765), RESIDING AT NO.10/338(8/174), VELIYATH, KUZHIVELIPPADY, EDATHALA PANCHAYAT, ALUVA, ERNAKULAM, KERALA. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, OFFICE AT 1ST FLOOR, S.S.COMPLEX, B.H. ROAD, SHIVAMOGGA. KARNATAKA STATE. (POLICY NO.35101031126132485507 VALID FROM 05.01.2013 TO 04.01.2014). …RESPONDENTS (BY SRI. E.I.SANMATHI., ADVOCATE FOR R3; R2-SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.02.2019 PASSED IN MVC NO.49/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND AMACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:45347-DB MFA No. 7264 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellant has filed a Memo seeking leave to withdraw the appeal. 2. Memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn. 4. Registry to return the Trial Court Records to the Trial Court forthwith. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 20