- 1 - HC-KAR NC: 2025:KHC:23922 MFA No. 8313 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8313 OF 2017 (MV-I) BETWEEN: SRI BHOJARAJU S/O SAMPU PUJARI, AGED ABOUT 49 YEARS, R/O CHIKKAJENI, HOSANAGAR TALUK PIN 577418 …APPELLANT (BY SRI. NAGARAJAPPA A, ADVOCATE) AND: 1. SRI VENKATESH S/O NARAYANA PUJARI, AGE:MAJOR, R/O CHIKKAJENI, HOSANAGAR TALUK PIN 577418 2. DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO LTD., VINAYAKA COMPLEX, 1ST FLOOR, GARDEN AREA, SHIVAMOGGA PIN 577201 …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/06/2016, PASSED IN MVC NO.127/2012, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & JMFC., AND ADDITIONAL MACT-10, SAGAR, DISMISSING THE CLAIM PETITION FOR COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23922 MFA No. 8313 of 2017 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT This Court vide order dated 05.03.2019, ordered for issuance of notice to respondents. The notice issued to respondent No.1 having been returned unserved. Vide order dated 12.01.2023, this Court granted one week time to take steps in respect of respondent No.1. On 27.11.2023, since there is no representation on behalf of the appellant, the above appeal was ordered to be listed on 28.11.2023 for dismissal. On 28.11.2023, this Court recorded the submission made by the learned counsel for the appellant that necessary steps to pay the process fee would be taken within three days. Further, this Court ordered that the matter to be listed on 01.12.2023 and also observed if steps are not taken, the appeal will stand dismissed without further orders from the Court. 2. On 01.12.2023, this Court ordered the matter to be listed after a week. Till this date, pursuant to the order dated 12.01.2023, learned counsel for the appellant has not paid the requisite process fee for issuance of notice to respondent No.1. - 3 - HC-KAR NC: 2025:KHC:23922 MFA No. 8313 of 2017 3. It is noticed that there is deficit process fee for issuance of notice to respondent No.1. There is no appearance on behalf of the appellant in the morning session or in the afternoon session. 4. It appears the appellant is not interested in prosecuting the above appeal. Hence, the above appeal is dismissed for non-prosecution. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 27