- 1 - HC-KAR NC: 2026:KHC:26037 MFA No. 5383 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5383 OF 2025 (MV-D) BETWEEN: 1. SMT. MANJU DEVI W/O SANJAY KUMAR AGED ABOUT 44 YEARS 2. MISS. MAMTA YADAV D/O. SANJAY KUMAR AGED ABOUT 27 YEARS BOTH ARE RESIDING AT: R/AT JONAYCHA KHURD VILLAGE AND POST, ALWAR DISTRICT RAJASTHAN -301 706. …APPELLANTS (BY SRI UDAYA KUMAR R L, ADVOCATE) AND: 1. SRI SANJAY KUMAR S/O OM PRAKASH MAJOR, R/AT TYPE-IC-02, CRPF DODDABALLAPUR ROAD BENGALURU NORTH TALUK, YELAHANKA BENGALURU-560 064. 2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD, TP HUB. GOLDEN HEIGHTS 4TH FLOOR, No.1/2, 59TH ‘C’ CROSS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26037 MFA No. 5383 of 2025 4TH M BLOCK, RAJAJINAGAR BENGALURU-560 010. …RESPONDENTS (BY SRI A N KRISHNASWAMY, ADVOCATE FOR R2 V/O DATED 22.07.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.06.2025 PASSED IN MVC No.3606/2024 ON THE FILE OF THE III ADDITIONAL JUDGE AND MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH- 18), DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the appellant –claimant has filed memo seeking withdrawal of the appeal. 2. The memo reads thus: “It is submitted that the appellants here in have preferred claim petitionNo.3606of 2024 before the Hon'ble MACT (CCH-18) Bengaluru under Section 164 of M.V. (Amended) Act 2019for the death of Ankith Yadav on 11.04.2024 in road accident. The Hon'ble MACT in its order dated 10.06.2025 dismissed the claim petition. The appellants aggrieved by the said orders preferred the above appeal. - 3 - HC-KAR NC: 2026:KHC:26037 MFA No. 5383 of 2025 The appellants further submit that the claim petition has been filed under Section 164 which is not maintainable under of MV Act. Hence appellants prays that this Hon'ble Court may please be permitted to withdraw the above appeal with liberty to file the same under appropriate provision before the appropriate Court in the interest of justice.” 3. In view of the memo, the appeal is dismissed as withdrawn with liberty as prayed for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 46