- 1 - NC: 2024:KHC:32829-DB MFA No.3702/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2024 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.3702/2023 (MV-D) BETWEEN: 1. SRI. SHYAMA SHANBHAG S/O SUBRAYA SHANBHAG AGED ABOUT 63 YEARS 2. SMT. SHASHIKALA HEGDE W/O SHYAMA SHANBHAG AGED ABOUT 59 YEARS 3. SHUBHA B D/O SHYAMA SHANBHAG AGED ABOUT 31 YEARS ALL THE AFOREMENTIONED APPELLANTS ARE PRESENTLY RESIDING AT FLAT NO.606, AISHU ICON APARTMENTS HALADI ROAD, KOTESHWARA KUNDAPURA TALUK – 576 222 UDUPI DISTRICT AND THE APPELLANTS PERMANENT ADDRESS IS AT 1-42, “NIRMALANANDA NILAYA” KUNDAPUR BELUR, DEVASTHANABETTU UDUPI – 576 221 … APPELLANTS (BY SRI.AJITH A SHETTY, ADVOCATE) AND: 1. SRI. CHETHAN KUMAR M S/O KRISHNAPPA POOJARY AGED ABOUT 30 YEARS PADADKA HOUSE SULYAPADAVU, PUTTUR TALUK DAKSHINA KANNADA Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka - 2 - NC: 2024:KHC:32829-DB MFA No.3702/2023 2. MRS. POOJA D SHETTY W/O AMITH A SHETTY AGED ABOUT 31 YEARS FLAT NO.C3, 2ND FLOOR DAS NILAYA ODYSSEY APARTMENT KAPRIGUDA MANGALORE- 575 001 3. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., D.NO.620 A-1, 12TH MAIN 35TH CROSS, 2ND BLOCK OPPOSITE TO HANUMAN TEMPLE RAJAJINAGAR BANGALORE- 560 010 4. THE MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD., 2ND FLOOR, ESSEL CENTRE MG ROAD, MANGALORE- 575003 … RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 08.02.2023 PASSED IN MVC NO.179/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, CJM, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2024:KHC:32829-DB MFA No.3702/2023 ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Peremptory order dated 30.07.2024 is not complied. Therefore, appeal already stood dismissed. No further orders are required. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PKN List No.: 1 Sl No.: 9