- 1 - HC-KAR NC: 2025:KHC:20022 MFA No. 3267 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3267 OF 2017 (MV-I) BETWEEN: SRI. MADHU. S S/O. SHIVALINGAIAH, AGED ABOUT 31 YEARS, RESIDING AT NO.607, 8TH MAIN, 4TH "B" CROSS, VIJAYANAGAR, BANGALORE-560 040. …APPELLANT (BY SRI. GIRISH S, ADVOCATE) AND: 1. SRI. RAJANNA NO. 240/2, BASAVESHWARA MAIN ROAD, MALLASANDRA PIPE LINE ROAD, T. DASARAHALLI POST, BANGALORE-560 057, (OWNER OF THE VEHICLE) 2. BHARTI AXA GENERAL INSURANCE COMPANY LIMITED PRIDE QUADRA, NO.30, 3RD FLOOR, BELLARY ROAD, HEBBAL, BANGALORE-560 024. …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.09.2016 PASSED IN MVC NO.1942/2013 ON THE FILE OF THE VII ADDITIONAL JUDGE AND XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU(SCCH-3), DISMISSING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20022 MFA No. 3267 of 2017 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT None appears for the appellant in the morning session as well as in the afternoon session. 2. The above appeal was filed on 17.04.2017 and was listed before the Court on 22.01.2018 after compliance of office objections. On 22.01.2018, this Court ordered for issuance of notice on I.A.1/2017. However, requisite process fee not having been paid, the above appeal was re-listed before the Court on 30.05.2023, on which date this Court directed a Standing counsel for respondent No.2 to take notice in the matter and directed the appellant to pay requisite process fee for issuance of notice to respondent No.1 within one week. Till this date, the requisite process fee for issuance of notice to respondent No.1 has not been paid. Even today, there is no appearance on behalf of the appellant. It appears that the appellant is not interested in prosecuting the appeal. - 3 - HC-KAR NC: 2025:KHC:20022 MFA No. 3267 of 2017 3. In view of the aforementioned, the above appeal is dismissed for non-prosecution. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 12