- 1 - HC-KAR NC: 2025:KHC:23660-DB MFA No. 8457 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 8457 OF 2017 (MV-D) BETWEEN: SRI.C.S.RAJESH S/O LATE C M SIDDAVERAPPA, AGED ABOUT 41 YEARS, R/AT DOOR NO.500/9 C M ROAD, K R NAGAR TUMAKURU -571 602 REPRESENTED BY HIS WIFE, NEXT FRIEND SMT K R MANASA AGED ABOUT 24 YEARS, RESIDING AT D NO.500/9 CM ROAD, K R NAGAR TOWN 571 602 …APPELLANT (BY SRI. SHARAS CHANDRA M., ADVOCATE) AND: 1. SRI. SUBASH PRASAD S/O J P YADHAV, AGED ABOUT 47 YEARS, R/OF MATTAND VILLAGE & POST, KODERMA DISTRICT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23660-DB MFA No. 8457 of 2017 JHARKHAND ALSO AT M/S BSCL INFRASTRUCTURE LTD., "AMBA NILAYA" SAMPIGE ROAD, CHANNARAYAPATNA HASSAN DSITRICT-573 116 (DRIVER OF TIPPER LORRY BEARING REG NO.KA-13-A-9081) 2. M/S BSCP INFRASTRUCTURE LTD., "AMBA NILAYA" SAMPIGE ROAD, BEHIND COIURT GANDHI CIRCLE, CHANNARAYAPATNA HASSAN DISTRICT-573116 (OWNER OF TIPPER LORRY BEARING REG NO. KA-13-A-9081,) 3. THE NEW INDIA ASSURANCE CO LTD HASSAN BRANCH OFFICE-674201 CHANDAN COMPLEX HARSHA MAHAL MARG HASSAN -573201 (INSURER THE POLICEY BEARING NO.6724013140100007029 VALID FROM 16.09.2014 TO 15.09.2015) …RESPONDENTS (BY SRI. M.NARAYANNAPPA, ADVOCATE FOR R3 [ABSENT]) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.05.2017 PASSED IN MVC NO.984/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MEMBER, MACT, K.R.NAGAR, PARTLY ALLOWING THE CLAIM - 3 - HC-KAR NC: 2025:KHC:23660-DB MFA No. 8457 of 2017 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 MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) None appears for the appellant though called twice. This Court's peremptory order reads as under: "On perusal of this Court's Order dated 13.11.2018, and because the appeal is listed for the first time after the said order, the learned counsel for the appellant is permitted a week to furnish requisites for re-issuance of notice to the respondents observing that if the requisites are not furnished within a week, the appeal could be dismissed for default. The office is directed to re-list this appeal on 02.07.2025." - 4 - HC-KAR NC: 2025:KHC:23660-DB MFA No. 8457 of 2017 It is obvious that the concerned is not interested in prosecuting the appeal and hence, the appeal stands dismissed for default. SD/- (B M SHYAM PRASAD) JUDGE SD/- (G BASAVARAJA) JUDGE RB