1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2022 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH M.F.A.NO.327/2016 (MV-D) BETWEEN: THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE AT NO.144, SHUBARAM COMPLEX, 2ND FLOOR, M.G. ROAD, BENGALURU-560 001. BY ITS MANAGER … APPELLANT (BY SRI O.MAHESH, ADVOCATE) AND: 1 . VENKATAMMA AGED ABOUT 93 YELAR W/O. LATE MUNISHAMIREDDY 2 . SMT. SUKANYAMMA.K @ VARALAKSHMAMMA, AGED ABOUT 45 LYEAR, W/O. LATE SHIVANANDAREDDY, 3 . VAMSHI S., AGED ABOUT 19 YEARS S/O. LATE SHIVANANDAREDDY, 4 . GAYATHRAMMA AGED ABOUT 38 YEARS, W/O. LATE SHIVANANDAREDDY, 2 5 . KUMARI. SAHANA.S. MINOR, AGED ABOUT 16 YEARS D/O. SHIVANANDAREDDY, 6 . KUMARI CHALANA .S AGED ABOUT 9 YEARS D/O. LATE SHIVANANDAREDDY RESPONDENT NOS.5 AND 6 ARE MINOR BY M/G RESPONDENT NO.4 ALL ARE RESIDING AT PALYA (VILLAGE) CHALDIGANAHALI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 101. 7 . G.R. YOGEESHA AGED ABOUT 38 YEAZR, S/O. RAJASHEKHARAPPA, RESIDING AT NO.2, SY.NO,.31/1, TEMPLE ROAD, SOMASANDRA PALYA, BENGALURU-560 102. … RESPONDENTS (BY SRI D.N.SAHADEVA REDDY, ADVOCATE FOR R2 TO R6; R1 IS SERVED & UNREPRESENTED; VIDE ORDER DATED 05.03.2018 NOTICE TO R7 IS DISPENSED WITH) THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2015 PASSED IN MVC NO.4093/2013 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE AND XXXIV ACMM COURT OF SMALL CAUSES, MEMBER, ADDL. MACT-7, BENGALURU, AWARDING THE COMPENSATION OF RS 14,06,800/- WITH INTEREST AT THE RATE OF 6% P.A FROM THE DATE OF THE PETITION TILL THE DATE OF PAYMENT. 3 THIS M.F.A. COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T This matter is called twice in the morning session and also in the afternoon session and no representation on behalf of the appellant-Insurance Company. 2. This Court, vide order dated 15.11.2022 granted an opportunity to the learned counsel for the appellant and in the order sheet, it is also noted that, if the learned counsel for the appellant does not appear on the next date of hearing, the matter will be dismissed for non-prosecution. Accordingly, the appeal is dismissed for non-prosecution. The amount in deposit, if any made by the appellant- Insurance Company shall be transmitted to the Tribunal, forthwith. Sd/- JUDGE ST