- 1 - HC-KAR NC: 2025:KHC-D:14475 MFA No. 100806 of 2022 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. 100806 OF 2022 (MV) BETWEEN: SHRI BASAVARAJ SHIVAMURTHY ALAGUNDI, AGE: 38 YEARS, OCCU: AGRICULTURE AND MILK VENDING, R/O. HATTARAGI, TQ: HUKKERI, DIST: BELAGAVI – 591243. …APPELLANT (BY SRI. YASH, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SHRI BANGARAPPA RAMAPPA MUGUVEER, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO.2523, MEERAPUR GALLI, SHAHAPUR, BELAGAVI- 590003. 2. THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, NEW INDIA ASSURANCE CO. LTD., 3128, CHAMPA BUILDING, KHADE BAZAR, BELAGAVI – 590001. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO THE JUDGMENT AND AWARD DATED 17TH OCTOBER 2019 IN M.V.C. NO.1641/2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL BELAGAVI, MAY KINDLY BE MODIFIED BY ENHANCING TO AS PRAYED FOR, WITH 12% INTEREST AND PLEASED TO SET-ASIDE THE CONTRIBUTORY Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14475 MFA No. 100806 of 2022 NEGLIGENCE OF 25%, 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 ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) The appeal was filed in the year 2022 and till now, office objection is not complied. This Court does not find any grounds to grant further time. Therefore, the appeal stands dismissed for non-compliance of office objection. Sd/- (CHILLAKUR SUMALATHA) JUDGE VMB CT-MCK List No.: 2 Sl No.: 1