- 1 - HC-KAR NC: 2025:KHC-D:14419 MFA No. 102301 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102301 OF 2017 (MV-I) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHIEF LAW OFFICER, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580030. …APPELLANT (BY SRI. SYED R.H., ADVOCATE) AND: COSTA SANJAVAN D’SOUZA, AGE: 45 YEARS, OCC: OWNER CUM DRIVER, R/O: MIRJAN, TQ: KUMTA (UTTARA KANNADA). …RESPONDENT (BY SRI. AVINASH M. ANGADI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO CALL FOR RECORDS IN M.V.C.NO.54/2015 ON THE FILE ADDITIONAL M.A.C.T: KUMTA; BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 16.03.2017 IN M.V.C.NO.54/2015 PASSED BY THE ADDITIONAL M.A.C.T.: KUMTA THEREBY, REDUCE THE COMPENSATION AWARDED WHICH IS EXCESS AND NOT A JUST COMPENSATION AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14419 MFA No. 102301 of 2017 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on appellant’s side on call. 2. On 08.10.2025 following order was passed. “The appellant filed I.A.No.3/2017 seeking the Court to permit him to amend the cause title of the memorandum of appeal as sought for. The said application was allowed through order dated 13.11.2017. However, till now amendment was not carried out. Also there is no representation on appellant’s side. To give fair opportunity, time for a week is granted to carryout the amendment and to file amended memorandum of appeal. In case, amendment is not carried out and amended memorandum of appeal is not filed within the time granted, appellant would be at liability to pay costs of Rs.1,000/- to the High Court Advocates’ Library Fund, Dharwad Bench. List on 28.10.2025.” 3. Neither costs were paid nor there is representation for the appellant before this Court on this day. - 3 - HC-KAR NC: 2025:KHC-D:14419 MFA No. 102301 of 2017 4. All these facts reveal that the appellant is not interested in pursuing the case. 5. Therefore, the appeal stands dismissed for non- prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 6