- 1 - NC: 2025:KHC:17282 MFA No. 5330 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5330 OF 2023(MV-D) BETWEEN: 1. THIPPERUDRAPPA, S/O THIPPAIAH, AGED ABOUT 58 YEARS, 2. MANJAMMA, W/O THIPPERUDRAPPA, AGED ABOUT 56 YEARS, 3. TRIVENI T, D/O THIPPERUDRAPPA, AGED ABOUT 35 YEARS, 4. PAVITHRA T, D/O THIPPERUDRAPPA, AGED ABOUT 32 YEARS, 5. RAMESH @ RAMU T, S/O THIPPERUDRAPPA, AGED ABOUT 29 YEARS. ALL ARE R/O RAMAJOGIHALLY, CHALLAKERE TALUK, NOW R/O 4TH CROSS, JOGIMATTI ROAD, CHITRADURGA - 577 501. …APPELLANTS (BY SRI. R SHASHIDHARA.,ADVOCATE (ABSENT)) AND: 1. SAIFULLA, S/O BASHA SAB, MAJOR, OWNER OF MINI LORRY, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17282 MFA No. 5330 of 2023 BEARING NO.KA-11/1768, R/O 1ST CROSS, CHELUGUDDA, CHITRADURGA DISTRICT - 577 501. 2. THE MANAGER, SHRIRAM, GENERAL INSURANCE CO.LTD., E-8, EPIP, RIICO, SITAPUR, JAIPUR, RAJASTHAN - 302 000. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R2, V/O/D 24.04.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.04.2018 PASSED IN MVC NO.574/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT-IV, CHITRADURGA, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment & award dated 2nd April 2018 passed in MVC No.574/2012 by the Court of 1st Addl. Senior Civil Judge & Addl. MACT-IV, Chitradurga, the claimants are before this Court seeking enhancement of compensation. 2. There is a delay of 1138 days in filing the appeal. Against the impugned judgment and award passed by the Tribunal, the insurance company had preferred MFA - 3 - NC: 2025:KHC:17282 MFA No. 5330 of 2023 No.4836/2018 and the appellants - claimants have contested the said appeal and it came to be dismissed on 16.11.2022. Having contested the said matter, now the present appeal is filed with a delay of 1138 days challenging the impugned judgment and award. 3. When this matter came up before this Court on 24.4.2025, both in the forenoon and afternoon sessions, there was no representation on behalf of the appellants. Hence, the matter was directed to be listed under the caption 'dismissal'. 4. Today, when the matter is listed under the caption for 'dismissal', in the morning learned counsel for the appellants sought for 'pass over'. It is made clear that the matter will be called at 11.30 a.m. Again, when the matter is called at 11.30 a.m., there is no representation on behalf of the appellants. 5. In view of the above, the appeal has to be dismissed both on the ground of non-prosecution and also on the ground that the claimants having participated and contested the appeal filed by the insurance company and the said appeal having been dismissed, cannot be permitted to file a separate appeal - 4 - NC: 2025:KHC:17282 MFA No. 5330 of 2023 for enhancement of compensation with the delay of 1138 days. Hence, this Court find no reason to condone the delay of 1138 days in filing the appeal. Accordingly, I.A. No.1/2023 is dismissed. Consequently, the appeal also stands dismissed SD/- (LALITHA KANNEGANTI) JUDGE GSS List No.: 1 Sl No.: 1