Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 9599 OF 2017 (MV-D) BETWEEN: THE MANAGER BHARATHI AXA GIC LTD., THE FERNS ICON, 1ST FLOOR, SURVEY NO.28, DODDANEKUNDI, K.R. PURAM HOBLI, BANGALORE 560037 …APPELLANT (BY SRI. PRADEEP B, ADVOCATE) AND:
1. SUMITRA R ACHARYA
W/O LATE RAMESH ACHARYA Digitally signed NOW AGED ABOUT 54 YEARS by NIRMALA DEVI 2. MISS. DISHA Location: HIGH D/O LATE RAMESH ACHARYA COURT OF KARNATAKA NOW AGED ABOUT 20 YEARS BOTH ARE R/AT D.NO.24-1-16/13, KEB LAYOUT, ATTAVARA, MANGALURU D.K. 570028
3. MR. DHERAJ M
S/O JAGANNATHA M R/AT D.NO.3-1/3, GANESH KRIPA MAROLI, KULASHEKARA, -2- MANGALURU 570241. …RESPONDENTS (BY SRI. D. PADMANABHA KUMAR, ADVOCATE FOR R1 & R2 R3 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.06.2017 PASSED IN MVC
NO.841/2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT, DAKSHINA KANNADA, MANGALURU, AWARDING COMPENSATION OF RS.14,79,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo, which reads as under: “MEMO “The appellant prays that this Hon'ble Court to withdrawn the appeal as not pressed, amount in deposit transfer to MACT in the interest of justice and equity"
2. In view of the same, the above appeal is dismissed as withdrawn. -3-
3. The amount deposited by the appellant be
transmitted to the Tribunal. The appellant shall deposit the balance compensation awarded by the Tribunal together with accrued interest within a period of six weeks. Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 17