- 1 - NC: 2023:KHC:40826 MFA No. 1256 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF NOVEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR MISCELLANEOUS FIRST APPEAL NO. 1256 OF 2013 (MV) BETWEEN: HONNURASWAMY, S/O RAMAMURTHY, AGE: 30 YEARS, R/O AMAKUNDI, MOLAKALMUR TALUK, CHAITRADURGA DISTRICT, NOW R/O GOPALAPURA ROAD, CHITRADURGA TOWN-577 501. …APPELLANT (BY SRI. B.L. KUMAR, ADVOCATE(ABSENT)) AND: 1. H.C.THIPPESWAMY S/O CHOWDAPPA, AGE: 52 YEARS, OWNER OF THE MOTOR CYCLE, REG. KA-16/Q-7860, R/O HIREKEREHALLI, MOLAKALMURU TALUK, CHITRADURGA DISTRICT-577 501. 2. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, SHARADA COMPLEX, 1ST FLOOR, OPP: KSRTC BUS STAND, CHITRADURGA-577 501. …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2, V/O DATED:11.1.2016, NOTICE TO R1 IS D/W) Digitally signed by SOWMYA D Location: High Court of Karnataka - 2 - NC: 2023:KHC:40826 MFA No. 1256 of 2013 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.11.2012 PASSED IN MVC NO.439/2011 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-6, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT There is no representation on behalf of the appellant. The learned counsel for respondent No.2 is present. Though the appeal is pending since 2013, the learned counsel for the appellant has not shown any interest in prosecuting the matter. Hence, it is evident that the appellant is not interested in prosecuting the matter by giving instructions to his counsel. Considering these aspects, the appeal stands dismissed for non-prosecution. Sd/- JUDGE DS List No.: 1 Sl No.: 13