- 1 - HC-KAR NC: 2026:KHC:31991 MFA No. 2048 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2048 OF 2026 (MV-I) BETWEEN: IMRAN KHAN S/O ASHWAQ AHAMED, AGED ABOUT 26 YEARS, R/AT 2ND CROSS, CHIPPINAKATTE, TIPPU NAGARA, HASSAN DIST. - 573 201. …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. NAGARAJU, MAJOR, S/O THIMMEGOWDA, R/AT HALUVAGILU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DIST. - 573 201. 2. BRANCH MANAGER CHOLA MANDALAM MS GENERAL INSURANCE COMPANY, DARE HOUSE, 2ND FLOOR, NO.2, N.S.P BUS ROAD, REPRESENTED BY THE MANAGER, CHOLA MANDALAM MS GENERAL INSURANCE CO., NO.271, ASHRAYA LAKSHMI VILASA ROAD, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31991 MFA No. 2048 of 2026 DEVARAJA MOHALLA, MYSURU - 570 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 18.03.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.10.2025 PASSED IN MVC NO.364/2023 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT AT HASSAN, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the appellant files a memo for withdrawal. 2. The memo reads thus: "The undersigned counsel appearing for Appellant most respectfully submits that, the above appeal was filed for seeking enhancement of compensation by challenging the judgment and award passed in MVC 364/2023. However, - 3 - HC-KAR NC: 2026:KHC:31991 MFA No. 2048 of 2026 by oversight due to some human error before filing the above appeal, the appellant has filed another appeal in MFA 271/2026 upon the very same judgment and award. Therefore, the present appeal is a subsequent appeal filed after filing of appeal in MFA 271/2026. The said mistake crept due to some unavoidable circumstances without verifying the things properly it is not with any malafide intention. In view of the same, permit the appellant to withdraw the above appeal as not pressed in the interest of justice and equity." 3. In view of the memo, the Miscellaneous First Appeal is dismissed as withdrawn. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 13