- 1 - NC: 2024:KHC:41331 MFA No. 3597 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3597 OF 2021(MV-D) BETWEEN: 1. SMT. MAHADEVAMMA, W/O. MAHADEVEGOWDA, AGED ABOUT 45 YEARS, 2. SRI. MAHADEVEGOWDA S/O. LATE JAVAREGOWDA, AGED ABOUT 50 YEARS, 3. SRI. VASANTHAKUMAR S/O. MAHADEVEGOWDA, AGED ABOUT 28 YEARS, ALL ARE RESIDING AT: GARAGANAHALLI VILLAGE, GUNDLUPET TALUK - 571 109 CHAMARAJANAGAR DISTRICT. …APPELLANTS (BY SRI. BHANU PRAKASH H.V., ADVOCATE (ABSENT)) AND: 1. SRI.LOKESH, S/O. MAHADEVAPPA MAJOR, RESIDING AT CHIKKATI VILLAGE BEGUR HOBLI - 571 109 GUNDLUPET TALUK (DRIVER OF THE LORRY BEARING NO.KA-04-B-3098) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:41331 MFA No. 3597 of 2021 2. 2(a). SMT. PUTTATHAYAMMA W/O. MAHADEVASHETTY, MAJOR, SINCE DEAD BY LRS SRI. PUTTA S/O. LATE PUTTATHAYAMMA AGED ABOUT 45 YEARS, 2(b). SRI. MAHESH S/O. LATE PUTTATHAYAMMA AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT HIRIKATI VILLAGE, BEGUR HOBLI - 571 109 GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT (OWNER OF THE LORRY BEARING NO.KA-04-B-3098) 3. THE DIVISIONAL MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, MAHARAJA COMPLEX, OPPOSITE KSRTC BUS STAND, MYSURU - 570 004. (INSURER OF THE SAID VEHICLE POLICY NO. 23172000846792800000 FROM 09.09.2014 TO 08.09.2015) …RESPONDENTS (BY SRI. N.A. MALLIKARJUN REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R3; R1, R2(a) AND R2(b) ARE SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.02.2019 PASSED IN MVC NO.421/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - NC: 2024:KHC:41331 MFA No. 3597 of 2021 THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT No representation on appellants' side on call. There was no representation even on 22.08.2024 and 11.09.2024. Though the matter is listed under the caption 'For Dismissal', yet there is no representation. Hence, the appeal stands dismissed for non-prosecution. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS List No.: 1 Sl No.: 40