- 1 - HC-KAR NC: 2025:KHC-D:14678 MFA No. 103246 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103246 OF 2014 (MV-) BETWEEN: NATIONAL INSURANCE CO. LTD., THROUGH DIVISIONAL MANAGER, DIVISIONAL OFFICE, HUBLI, HEREIN REPRESENTED BY NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR, HUBLI-580 023, REPRESENTED BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI. R.R. MANE, ADVOCATE) AND: 1. SMT. DURGAMMA ISHWAR NAIK, AGE: ABOUT 49 YEARS, OCC: COOLIE, 2. SUSHILA D/O. ISHWAR NAIK, AGE: 28 YEARS, OCC: HOUSEHOLD, 3. BABY D/O. ISHWAR NAIK, AGE: 25 YEARS, OCC: STUDENT, 4. SUDHA D/O. ISHWAR NAIK, AGE: 22 YEARS, OCC: STUDENT, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.03 12:22:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14678 MFA No. 103246 of 2014 [ALL ARE R/O. MAVINKATTE KOTEBAGIL, SHIRALI, TALUK: BHATKAL, DIST: U.K.] 5. A.J. SUNNY S/O. SRI JHON, AGE: MAJOR, OCC: REGD. OWNER OF TRUCK NO.KL-8/G-8955, R/O. ABHANDY HOUSE, NADAVARAMBA, DIST: IRRNJAL KUNDA, KERALA STATE-680 121. 6. ARVIND R. KALE, AGE: MAJOR, OCC: REGD. OWNER OF TRUCK NO.KA-25/4861, KALA TRANSPORT, R/O. AMARGOL, TALUK: HUBLI, DIST: DHARWAD. 7. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, KARWAR. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R1 TO R4; SRI. G.N. RAICHUR, ADVOCATE FOR R7; NOTICE TO R5 & R6 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED:22/08/2014 PASSED BY THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT HONAVAR (ITINERARY COURT AT BHATKAL), IN M.V.C.NO.125/2010 AND TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14678 MFA No. 103246 of 2014 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on appellant’s side on call. On 15.10.2015 following order was passed: “No representation on appellant’s side on call. The appeal is of the year 2014. However, to give fair opportunity to the appellant to pursue the matter, list on 30.10.2025. No further time will be granted.” Though such an order was passed, the appellant did not choose to pursue the appeal. Therefore this Court is of the view that there are no grounds to keep the appeal pending. Hence the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 18