- 1 - HC-KAR NC: 2025:KHC-D:11604 MFA No. 25131 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25131 OF 2012 (MV-I) BETWEEN: BABU S/O HANAMANTAPPA BAVIHAL AGE: 33 YEARS, OCC: DRIVER AND AGRICULTURE (NOW NIL) R/O. CHIKKANANDI, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADV) AND: 1. MUTTEPPA S/O SIDDAPPA RAJAPPANAVAR AGE: MAJOR, OCC: AGRICULTURE & BUSINESS, R/O. MALADINNI, TQ: GOKAK, DIST: BELAGAVI. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELAGAVI. …RESPONDENTS (BY SRI. SANTOSH B. RAWOOT, ADV FOR R1, SRI. REJESH B. RAJANAL, ADV FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 13-08-2012 PASSED IN MVC NO.1723/2010 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, GOKAK, DISMISSING THE PETITION FILED U/SEC.166 OF MV ACT, 1994. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:32:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11604 MFA No. 25131 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The learned counsel for the appellant submits that the appellant has passed away, and the legal representatives have not come on record. He also submits that there is no nexus between the injuries and death. In view of the same, nothing survives for consideration in this appeal, and accordingly, prays to dismiss the appeal. 2. The submission of the learned counsel for the appellant is taken on record. 3. In view of the death of the appellant, and that the appellant has failed to make out a case that there is nexus between the injuries and death, nothing survives for consideration in this appeal. Accordingly, the appeal is dismissed. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 6