- 1 - NC: 2025:KHC-K:1463 MFA No. 200612 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200612 OF 2021 (MV-I) BETWEEN: GUNDAPPA S/O GURANNA MARGUTTI, AGE: 43 YEARS, OCC: DRIVER, R/O NAGURA VILLAGE, TQ. AND DIST. KALABURAGI. …APPELLANT (BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE) AND: 1. SHIVARAJ S/O KARABASAPPA GUDAGI, AGE: MAJOR, OCC: NEKRTC DRIVER, R/O NAGURA VILLAGE, TQ. AND DIST. KALABURAGI, P.NO.4351, DEPOT NO.3, KALABURAGI-585 101. 2. THE DIVISIONAL MANAGER, NEKRTC, DIVISION KALABURAGI, OPP. KBN HOSPITAL, KALABURAGI-585 101. 3. BASAVARAJ S/O SAIBANNA KANKI, AGE: 54 YEARS, OCC: OWNER OF TRACTOR REG.NO.KA-32/T-8237/6223, R/O NELOGI, TQ. JEWARGI, DIST. KALABURAGI-585 101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1463 MFA No. 200612 of 2021 4. CHOLAMANDALAM MS GEN. INSURANCE CO. LTD., REGIONAL HEAD OFFICE, DARE HOUSE, 2ND FLOOR, 2 NBC BOSE ROAD, CHENNAI-600 001, THROUGH ITS BRANCH OFFICE, OPP. SYNDICATE BANK, STATION MAIN ROAD, KALABURAGI-585 101. …RESPONDENTS (BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2; SRI. SUBHASH MALLAPUR, ADV. FOR R4; R3- SERVED; V/O DTD. 21.09.2021, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 06.11.2019 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT AT KALABURAGI IN M.V.C. NO.1228/2015 AND CONSEQUENTLY BE PLEASED TO ALLOW THE APPEAL AND ENHANCE THE COMPENSATION WITH INTEREST AT THE RATE OF 12% P.A. THIS APPEAL COMING ON FOR ADMISSION, 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) Learned counsel appearing for respondent No.2 and 4 submit that they have not been served with the copies of the appeal papers. There is no representation on behalf of - 3 - NC: 2025:KHC-K:1463 MFA No. 200612 of 2021 the appellant. Even on the last occasion also there was no such representation. Therefore, the appeal is dismissed for non-prosecution. Sd/- (C M JOSHI) JUDGE SN List No.: 1 Sl No.: 36 CT: AK