- 1 - HC-KAR NC: 2025:KHC-D:18121 MFA No. 102365 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH MISCELLANEOUS FIRST APPEAL NO.102365 OF 2025 (MV) BETWEEN: SHRI FAKIRAPPA S/O. MAHADEV TALAWAR, AGE ABOUT 42 YEARS, OCC. INDO TIBETAN BORDER POLICE FORCE (ITB POLICE FORCE) R/O. #308, TALWAR ONI, SUTAGATTI, TAL. BAILHONGAL, DIST. BELAGAVI-591147. (OWNER OF HERO MOTORS PASSION XTEC SELF DRUM CAST MOTORCYCLE NO.KA-22/HL-8075) …APPELLANT (BY SRI. SANGRAM S.KULKARNI, ADVOCATE) AND: 1. SMT. KASTURI W/O. CHANDRASHEKAR ANKALEKAR, AGE. 57 YEARS, OCC. COOLIE, NOW NIL, R/O. 616, MAIN ROAD, SAMBRA, TAL. AND DIST. BELAGAVI-591124. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18121 MFA No. 102365 of 2025 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., HAVING ITS DIVISIONAL OFFICE AT 2ND FLOOR, PRABHU BUILDING, 1732 RAMDEV GALLI, BELAGAVI-590001. (INSURER OF THE HERO MOTORS PASSION XTEC SELF DRUM CAST MOTORCYCLE NO.KA-22/HL-8075) (BEARING POLICY NO.39010231226200466127) (VALID FROM 17-10-2022 TO 16-10-2027) …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, SET-ASIDE THE JUDGMENT AND AWARD DATED 02.04.2025 PASSED IN MVC NO.1235/2023 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ALTERNATIVELY THE COURT BE, PLEASED TO PASS AN ORDER TO REMAND THE MATTER FOR FRESH TRIAL BY GIVING AN OPPORTUNITY TO THE PRESENT APPELLANT TO PUT FORTH HIS DEFENCE AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18121 MFA No. 102365 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the appellant seeks leave of this Court to withdraw the appeal, in terms of the memo dated 05.12.2025. Memo is placed on record. Considering the said memo, leave as prayed for is granted. The appeal is dismissed as withdrawn. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 38 Sl No.: 1