- 1 - HC-KAR NC: 2025:KHC-D:13789 MFA No. 104495 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104495 OF 2018 (MV-I) BETWEEN: SHRI BASAVARAJ S/O. IRAYYA PUJARI, AGE: 29 YEARS, OCC: AGRICULTURE & COOLIE, R/O. PANT BALEKUNDRI B.K.-591 103. TAL & DIST: BELAGAVI. …APPELLANT (BY SRI. ABHISHEK C. PATIL, ADVOCATE) AND: SHRI IRANGOUDA B. PATIL, SINCE DECEASED REP. BY HIS LRS. (OWNER OF VEHICLE BEARING REG. NO.KA-22/T-4236) 1. SMT. MALLAWA W/O. IRANGOUDA PATIL, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. PANT BALEKUNDRI-591 103, TAL & DIST: BELAGAVI. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13789 MFA No. 104495 of 2018 2. SHRI SHIVANGOUDA S/O. IRANGOUDA PATIL, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. PANT BALEKUNDRI-591 103, TAL & DIST: BELAGAVI. 3. SHRI JAGADISH S/O. IRANGOUDA PATIL, AGE: 42 YEARS, OCC: DRIVER, R/O. PANT BALEKUNDRI-591 103, TAL & DIST: BELAGAVI. 4. THE DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LIMITED, CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R4; R1-DECEASED; R2-SERVED; R3-HELD SUFFICIENT) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.07.2018 PASSED BY X ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER OF ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL BELAGAVI IN M.V.C.NO.2206/2015 ALLOWING THE CLAIM PETITION IN PART AND AWARD THE COMPENSATION AS PRAYED FOR IN THE PETITION BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13789 MFA No. 104495 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) No representation on the appellant’s side on call. Though the matter is listed under the caption ‘for dismissal’ yet there is no representation. This reveals that the appellant is not interested in pursuing the matter. Therefore, the appeal stands dismissed for non-prosecution. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 8