- 1 - NC: 2024:KHC:1187-DB MFA No. 8270 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2024 PRESENT THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 8270 OF 2016 (MV-D) BETWEEN: THE ORIENTAL INSURANCE CO LTD CBO - 2, NO 1/1, CANNAUGHT ROAD, QUEENS ROAD CROSS, BANGALORE. THROUGH ITS BENGALURU REGIONAL OFFICE NO 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BENGALURU - 560 025. REPRESENTED BY ITS MANAGER …APPELLANT (BY SRI. S V HEGDE MULKHAND., ADVOCATE) AND: 1. SMT. RAMYA W/O LATE BOMMEGOWDA, AGED ABOUT 24 YEARS, R/O NO 69, 1ST CROSS, 2ND MAIN ROAD, MANJUNATHANAGAR, ITTAMADU, BSK 2ND STAGE, BENGALURU - 560 085. Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:1187-DB MFA No. 8270 of 2016 2. DAKSHITHA S/O LATE BOMMEGOWDA AGED ABOUT 5 YEARS, SINCE MINOR REP. BY HER MOTHER AND NATURAL GUARDIAN, SMT. RAMYA, R/O NO 69, 1ST CROSS, 2ND MAIN ROAD, MANJUNATHANAGAR, ITTAMADU, BSK 2ND STAGE, BENGALURU - 560 085. 3. BHADRAKALAMMA W/O LATE BOMMEGOWDA, AGED ABOUT 61 YEARS, R/O NO 69, 1ST CROSS, 2ND MAIN ROAD, MANJUNATHANAGAR, ITTAMADU, BSK 2ND STAGE, BENGALURU - 560 085. 4. THE PROPRIETOR M/S INTEGRATED LOGISTICS PVT. LTD, NO 122/5A, CHIKKATHAYAPPA LAYOUT, CHALEKERE, KALYANANAGAR BUS DEPOT, NEAR SUSRUTHA NURSING HOME, KALYANANAGAR, BENGALURU - 560 043. 5. ANITHA D M W/O PUTTASWAMY, NO 65/2, 4TH CROSS, KAVERIPURA, KAMAKSHIPALYA, BANGALORE - 560 079. - 3 - NC: 2024:KHC:1187-DB MFA No. 8270 of 2016 6. RELIANCE GENERAL INSURANCE CO. LIMITED, NO 28, 5TH FLOOR, CENTUANARY BUILDING, M G ROAD, BANGALORE - 560 001. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. R.G. HALESHA., ADVOCATE FOR R1 AND R2 R2 IS MINOR REPRESENTED BY R1 R3 & R4 SERVED AND UNREPRESENTED SRI.H.C. BETSUR ADVOCATE FOR R6) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2016 PASSED IN MVC NO.1230/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, AWARDING COMPENSATION OF Rs.29,38,073/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING: JUDGMENT Learned counsel for the appellant appeared through video conference. He submits that he may be granted time to take out paper publication against respondent No.5. 2. The records of this appeal reveals that the notices were issued to respondent No.5 thrice and as per - 4 - NC: 2024:KHC:1187-DB MFA No. 8270 of 2016 order the dated 03.08.2022, the notice so issued returned unserved and needful was not done. 3. Even after granting sufficient time on 03.08.2022, the appellant has not shown any interest in taking steps against respondent No.5. No acceptable reasons are assigned for adjournment. Hence, the appeal against respondent No.5 is dismissed as steps not taken. Sd/- JUDGE Sd/- JUDGE PSJ List No.: 1 Sl No.: 12