- 1 - HC-KAR NC: 2026:KHC-D:503-DB MFA No. 104261 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI MISCELLANEOUS FIRST APPEAL NO. 104261 OF 2025 (MV) BETWEEN: 1. SMT. MALINI MALLIKARJUN RAJASHEKHAR W/O. MAHADEVAPPA P., AGE. 48 YEARS, OCC. HOUSE WIFE, R/O. 56-201, SLV GRAND APARTMENT, 2ND FLOOR, 1ST STAGE, 10TH A CROSS, NEAR SHARAVATI HOTEL, A-SECTOR, YALAHANKA, NEW TOWN BENGALURU NORTH, BENGALURU-560 064. 2. ABHIGNYA M. D/O. MALINI MALLIKARJUN RAJASHEKHAR, AGE. 10 YEARS, OCC. STUDENT, R/O. 56-201, SLV GRAND APARTMENT, 2ND FLOOR, 1ST STAGE, 10TH A CROSS, NEAR SHARAVATI HOTEL, A-SECTOR, YALAHANKA, NEW TOWN BENGALURU NORTH, BENGALURU-560 064, (SINCE MINOR R/BY HER N/G APPELLANT NO.1). 3. M. PUTTAPPA S/O. LATE MAHADEVAPPA, AGE. 81 YEARS, OCC. NIL, #46, 2ND CROSS, RAMAKRISHNA NAGAR, GOKUL ROAD, UDYAM NAGAR, HUBBALLI, DIST. DHARWAD-580 030. 4. SMT. VIJAYA P. W/O. PUTTAPPA, AGE. 68 YEARS, OCC. HOUSE WIFE, V N BADIGER Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.22 11:05:47 +0530 - 2 - HC-KAR NC: 2026:KHC-D:503-DB MFA No. 104261 of 2025 R/O. #46, 2ND CROSS, RAMAKRISHNA NAGAR, GOKUL ROAD, UDYAMNAGAR, HUBBALLI, DIST. DHARWAD-580 030. … APPELLANTS (BY SRI. ANJANEYA M., ADVOCATE) AND: 1. MR. BRAJESH NANDKUMAR GANDHI, AGE. 37 YEARS, OCC. BUSINESS AND OWNER OF THE TANKER LORRY BEARING NO.MH-11/AL-6687, R/O. 77, NEELAM BUNGLOW, SIDDHANATHWADI WAI, TALUKA WAI, DIST. SATARA, WAI, MAHARASHTRA-412 803. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, R/O. ANKOLA ARCADE, OPP. DISTRICT COURT, P.B. ROAD, DHARWAD-580 001. … RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS HEAR THE PARTIES AND MODIFIED THE JUDGMENT AND AWARD DATED 15.04.2024 PASSED IN MVC NO.81/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, PARTLY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2026:KHC-D:503-DB MFA No. 104261 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) 1. Learned counsel appearing for the appellants has filed a memo stating that the present appeal has been filed seeking enhancement of compensation and the Insurance Company had also preferred an appeal in MFA No.104897/2024 challenging the quantum of compensation, which came to be partly allowed, whereby the compensation awarded by the Tribunal has been reduced. Hence, he prays this Court to dismiss the present appeal as not maintainable. 2. The memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VB/CT:BCK/LIST NO.: 2 SL NO.: 15