- 1 - HC-KAR NC: 2025:KHC-D:14970 MFA No. 101381 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101381 OF 2017 (MV-I) BETWEEN: SHRI KALLAPPA S/O. ADIVEPPA BHAJANTRI, AGE: 63 YEARS, OCC: CLEANER, NOW NIL, R/O: GUDADOOR VILLAGE, TQ: BAILHONGAL, DIST: BELAGAVI, PRESENTLY AT ANGOL, BELAGAVI-590001. …APPELLANT (BY SRI. B.M. PATIL, ADVOCATE) AND: 1. SHRI MAINUDDIN KUTUBUDDIN NADAF, AGE: MAJOR, OCC: BUSINESS, R/O: TIPPU SULTAN NAGAR, PEERANWADI, BELAGAVI-590001 (OWNER OF TRUCK BEARING NO.KA-25/3396) 2. SHRI SHRISHAIL B. PATIL, AGE: MAJOR, OCC: BUSINESS, R/O: DASTIKOPPA, TQ: & DIST: BELAGAVI-590001, (OWNER OF TRUCK BEARING NO.KA-25/3396) 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., D.O.568, MARUTI GALLI, BELAGAVI-590001. POLICY NO.240105/31/01/03198, VALIDITY FORM 09-01-2002 TO 08-01-2003, (INSURER OF TRUCK BEARING NO.KA-25/3396) …RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R3; R1-INSUFFICIENT ADDRESS; NOTICE TO R2 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14970 MFA No. 101381 of 2017 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT PRAYING TO ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN M.V.C.NO.773/2013 DATED 18-03-2016 PASSED BY THE COURT OF X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER ADDITIONAL MACT, BELAGAVI AND SADDLE THE LIABILITY ON RESPONDENT NO.3 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Sri. B. M. Patil, learned counsel for the appellant submits that the appellant died three years back and the legal representatives of the appellant are not interested in prosecuting the matter. Learned counsel seeks to dismiss the appeal as abated. Memo to that effect is also filed. Having considered the submission thus made by learned counsel for the appellant as well as basing on the - 3 - HC-KAR NC: 2025:KHC-D:14970 MFA No. 101381 of 2017 contents of the memo filed, the appeal is dismissed as abated. Consequently, pending interlocutory application is also dismissed. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 1