- 1 - HC-KAR NC: 2025:KHC:21723 MFA No. 3399 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3399 OF 2016 (MV-I) BETWEEN: SOMASUNDARA S/O. LATE MAHADEVAPPA AGED ABOUT 62 YEARS NO.5212, NGO COLONY, NANJANAGUDU MYSORE DISTRICT-571 301. …APPELLANT (BY SRI. VASUDEVA MURTHY B K., ADVOCATE (ABSENT)) AND: 1. MR. RAMESH K.N. S/O. NINGEGOWDA AGED ABOUT 50 YEARS R/AT. NO:225, POLICE QUARTERS CHANNARAYAPATNA, HASSAN DISTRICT-573 116. 2. THE MANAGER UNITED INDIA INS.CO.LTD., MOTOR TP HUB, NO:1134, PRINCE OF WHALES ROAD, BALLAL CIRCLE, CHAMARAJPURAM, MYSORE-05. …RESPONDENTS (BY SRI.G.S.MARULAIAH, ADVOCATE FOR R2, VIDE ORDER DATED 14.11.2017, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21723 MFA No. 3399 of 2016 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.7.2015 PASSED IN MVC NO.276/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant for enhancement of compensation. The matter was earlier dismissed for non-prosecution vide order dated 02.08.2017. Thereafter, the matter was restored by the order dated 14.11.2017. Thereafter, on 28.03.2024, learned counsel for the appellant was present. On 24.02.2025, this Court has ordered to list the matter for dismissal. In spite of that, there was no representation on behalf of the appellant on the subsequent dates. 2. Today also, there is no representation on behalf of the appellant and learned counsel for respondent No.2 submits that on all the dates of hearing, appellant has remained absent and - 3 - HC-KAR NC: 2025:KHC:21723 MFA No. 3399 of 2016 unnecessarily the matter is pending for the last about a decade before this Court. His submission is well founded. The matter was passed over in the morning session. In spite of that, there is no representation on behalf of the appellant even in the afternoon session. Hence, the Appeal stands dismissed for non-prosecution. Sd/- (UMESH M ADIGA) JUDGE bk/ List No.: 1 Sl No.: 11