- 1 - NC: 2023:KHC:44199 MFA No. 6051 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6051 OF 2016(MV-I) BETWEEN: NEW INDIA ASSURANCE CO. LTD, HASSAN BO, CHANDANA COMPLEX, HARSHA MAHAL MARG, HASSAN DISTRICT, KARNATAKA - 573 201, NOW REPRESENTED BY, ITS REGIONAL MANAGER, NEW INDIA ASSURANCE CO LTD, REGIONAL OFFICE, 2-B UNITY BUILDING ANNEXE, P.KALINGA RAO ROAD, BANGALORE - 560 027. …APPELLANT (BY SRI.A.N.KRISHNA SWAMY., ADVOCATE) AND: 1. M. RAMESH, S/O SRINIVASA @ MAREGOWDA, NOW AGED ABOUT 36 YEARS, R/A ALISANDRA VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT, ALSO AT DOOR NO.1912, EAST WEST COLLEGE, 'E' SECTION, II STAGE, RAJAJINAGAR, BANGALORE - 560 091. Digitally signed by VINUTHA B S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:44199 MFA No. 6051 of 2016 2. M/S BSCPL INFRASTRUCTURE LTD., BEHIND COURT, AMBA NILAYA, SAMPIGE ROAD, GANDHI CIRCLE, CHANNARAYAPATNA, HASSAN DISTRICT - 573 116. 3. VILBERT A., S/O ANTHONY SWAMY, MAJOR, R/O CHENGIKUPPAM GEDILAM, THIRUNAVALUR POST, ULUNDURPET TALUK, TAMILNADU - 600 040. …RESPONDENTS (BY SRI. ABHINAY Y.T., ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.05.2016 PASSED IN MVC NO.3167/13 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, AWARDING COMPENSATION OF RS.50,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT No representation on appellant's side on call. - 3 - NC: 2023:KHC:44199 MFA No. 6051 of 2016 2. There was no representation even on 22.09.2023. Though the matter is listed on this day under the caption for "Dismissal", yet there is no representation. 3. Hence the appeal stands dismissed for non- prosecution without costs. Sd/- JUDGE PTM List No.: 1 Sl No.: 29