- 1 - HC-KAR NC: 2025:KHC-D:13871 MFA No. 100442 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100442 OF 2018 (MV-D) BETWEEN: 1. SMT. LAXMI W/O. LATE LAXMAN GOPAL NAIK, AGE: 41 YEARS, OCC: HOUSEWIFE, 2. KUMARI SAVITHA D/O. LATE LAXMAN GOPAL NAIK, AGE: 28 YEARS, OCC: NOT KNOWN, 3. RAGHAVENDRA S/O. LATE LAXMAN GOPAL NAIK, AGE: 26 YEARS, OCC: NOT KNOWN, 4. SANDEEP S/O. LATE LAXMAN GOPAL NAIK, AGE: 19 YEARS, OCC: NOT KNOWN, ALL ARE PERMANENT RESIDENT OF GANDHI NAGAR, HEBLE, BHATKAL TALUK-581320, U.K. DISTRICT. …APPELLANTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13871 MFA No. 100442 of 2018 AND: 1. NAGA @ NAGARAJA (MAJOR) S/O SIPAYI SUBRAYA KHARVI, R/O: NEAR AMBIKA TEMPLE, GANGOLLI, KUNDAPUR TALUK, UDUPI DISTRICT-576201. 2. THE NEW INDIA ASSURANCE CO. LTD., KUNDAPURA BRANCH, PUSHPA BUILDING, MAIN ROAD, KUNDAPURA-576201, REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. R.R. MANE, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15/03/2014 IN M.V.C. NO.116/2012 PASSED BY THE COURT OF ADDITIONAL MACT., HONAVAR, [ITINERARY COURT AT BHATKAL] AND AWARD THE COMPENSATION AS CLAIMED IN CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND etc., THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13871 MFA No. 100442 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Sri. P. G. Chikkanaragund, learned counsel for the appellants seeks permission to withdraw the appeal. Memo filed to the effect is also on record. Permission as prayed for is accorded. Appeal is therefore dismissed as withdrawn and consequently IA No.1/2018 is also dismissed. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 3