- 1 - NC: 2025:KHC-K:1405 MFA No. 201713 of 2019 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. JOSHI MISCL. FIRST APPEAL NO.201713/2019(MV-I) BETWEEN: YAMANAPPA S/O DURGAPPA MADAR @ NAIKODI, AGE: 53 YEARS, OCC: COOLIE, R/O SHIVAPUR, TQ. MUDDEBIHAL, DIST. VIJAYAPUR, NOW AT IBRAHIMPUR, VIJAYAPUR-586 101. …APPELLANT (BY SRI SANGANABASAVA B. PATIL, ADVOCATE) AND: 1. MALLANAGOUDA S/O MUDIGOUDA PATIL, AGE: 40 YEARS, OCC: BUSINESS, R/O HALAPET RAJWADI, TALIKOTI, TQ. MUDDEBIHAL, DIST. VIJAYAPUR-586 101. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., R/O SANGAM BUILDING, S.S. FRONT ROAD, VIJAYAPUR-586 101. …RESPONDENTS (BOTH SERVED) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1405 MFA No. 201713 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO.VI, VIJAYAPUR AT VIJAYAPUR IN MVC NO.869/2016 DATED 10.01.2019 AND ALLOW THIS APPEAL AS CLAIMED AMOUNT OF RS.14,00,000/- BY THE APPELLANTS IN THE CLAIM PETITION BEFORE THE TRIBUNAL. THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) Appeal against respondent No.1, who is the owner of the vehicle, has already been dismissed for not taking steps against him. Respondent No.2 is the insurer of the vehicle. Appeal against the insurer alone does not survive in the absence of the owner of the vehicle. Therefore, the appeal stands dismissed. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 29 CT: AK